The U.S. Department of Justice, in a court filing Tuesday, rejected Mo Brooks’ defense that his fiery speech at the pro-Trump rally hours before the former president’s supporters stormed the Capitol was part of his duties as a congressman.
The DOJ agreed with an opinion from the House Administration Committee that House rules said such actions were not within the scope of his office, as Brooks had argued in a court affidavit last month.
In that affidavit, Brooks asserted the Westfall Act as protection for his actions at the rally – which protects federal employees from legal action when acting within the scope of their office. The DOJ filing concludes with, “The United States respectfully requests that Brooks’ petition for a Westfall Act certification be denied.” Continue reading.