A Republican congressman’s Jan. 6 speech at a rally ahead of the riot at the U.S. Capitol is not covered by protections for members of Congress and federal employees, the Justice Department said in a court filing Tuesday — drawing a legal line over attempts to stop the certification of the 2020 election results.
Rep. Mo Brooks (R-Ala.) had argued that he is effectively immune from a lawsuit filed by his colleague Rep. Eric Swalwell (D-Calif.) that accused Brooks, then-President Donald Trump, and others of fomenting the failed attack on Congress.
Past court opinions and Justice Department legal interpretations have given broad safeguards to protect elected officials who are sued over their public statements. But in the case of Brooks, the Justice Department decided he went too far. Continue reading.