Mo Brooks’ January 6th Capitol Insurrection Defense is sponsored by the DOJ. unsupported
The Justice Department said Tuesday it would not endorse Rep. Mo Brooks (R-Ala.) ‘S claim that he was acting in his official capacity as a member of Congress when he “Stop the Steal ”said that the deadly Capitol Rebellion on January 6th started.
Rep. Eric Swalwell (D-Calif.) Sued Brooks, alleging that he, former President Donald Trump Jr., and former Trump attorney Rudy Giuliani broke Washington DC laws, including an anti-terrorist law, by “inciting” the riot. which resulted in the death of five people.
In a 29-page response to Brooks ‘petition that would require the DOJ to defend itself if successful, the department said the legislature’s appearance at the rally was “campaigning activity and not part of the United States’ business.” to choose one side among the candidates in the Bundestag elections. “
“MPs in Congress are subject to a number of restrictions that carefully distinguish between their official functions on the one hand and campaign functions on the other,” added the DOJ. “So the behavior at issue here is not the way a congressman holds office.”
“Inciting or conspiring to violently attack the United States Congress is not part of a representative – or federal employee – and is therefore not the type of conduct for which the United States is duly substituted as a defendant. The file went on.
Brooks described Tuesday’s Department of Justice filing with the Wall Street Journal as “totally and completely wrong”. He said he was “asked by the White House to give a speech – we Congressmen are doing that”.
“The facts and the law are clearly on my side and I will definitely appeal any negative decision by the judge,” added Brooks.
In his remarks that day, Brooks told the crowd, “America need and cannot stand, cannot tolerate the feeble, crouching, feeble Republican Congressmen and Senators who covet the power and prestige that the swamp has to offer, while them on the feet and knees of the special interest group champions … today is the day American patriots start to cross names and kick their asses. “
Hours later, Trump supporters broke through the Capitol and disrupted the joint session of Congress to confirm the results of the 2020 presidential election.
The Justice Department filed its brief on the same day that a House Special Committee held its first hearing to investigate the January 6th events. The panel heard harrowing statements from officials from the US Capitol Police and the Washington, DC Metropolitan Police Department about their experience on the matter on the day.