The Department of Justice has declined Rep. Mo Brooks’ (R-Ala.) request to intervene in a lawsuit related to the Jan. 6 U.S. Capitol breach.
Federal law states that the DOJ shall defend federal employees against lawsuits “for injury or loss of property, or personal injury or death arising or resulting from the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment.”
But federal lawyers said Tuesday that Brooks did not show he was acting within the scope of his office on Jan. 6. Lawyers noted that the Jan. 6 rally was funded by and organized by Trump’s campaign and groups supporting Trump’s candidacy.
U.S. District Judge Amit Mehta, an Obama nominee overseeing the case, could still decide to substitute the DOJ for Brooks.
Brooks did not respond to a request for comment. He does not have a lawyer listed on the court docket.
Philip Andonian, an attorney representing Swalwell, said in a statement to news outlets that “we appreciate the thoughtful analysis by the Committee on House Administration and the Department of Justice and could not agree more with their conclusion.”
“This conduct manifestly is outside the scope of Brooks’s employment as a member of Congress and the House and DOJ made the right call in requiring him to answer directly for his actions. This is a great step toward justice,” he added.
House Administration Chairwoman Zoe Lofgren (D-Calif.) said in a letter last week that Brooks’s conduct was outside the scope of his office.
In a separate filing in the case this week, the general counsel for the House of Representatives said it would not participate in the litigation.
“Given that the underlying litigation was initiated by a current Member of the U.S. House of Representatives individually suing another current House Member individually and does not challenge any institutional action of the House or any of its component entities, the Office has determined that, in these circumstances, it is not appropriate for it to participate in the litigation,” the counsel, Douglas Letter, said.