DOJ won't stand behind Mo Brooks in Capitol riot lawsuit

Congressman Mo Brooks (R-Ala.)

The DOJ says Mo Brooks did not act within the scope of his office.

Posted: Jul 27, 2021 9:38 PM
Updated: Jul 28, 2021 3:22 AM

The U.S. Department of Justice will not defend Mo Brooks in his Capitol riot lawsuit.

The DOJ denied Brooks a scope of employment certification That means the DOJ doesn't believe Brooks acted within the scope of his office as congressman in the events leading up to the January 6th Capitol riot. 

Brooks requested the certification in a court filing. He claimed he could not be sued for the Capitol riot because he was representing Alabama's 5th Congressional District, which overwhelmingly voted for former President Donald Trump during the 2020 elections. 

"Indeed, although the scope of employment related to the duties of a Member of Congress is undoubtedly broad and there are
some activities that cannot be neatly cleaved into official and personal categories, Brooks’s request for certification and substitution of the United States for campaign-related conduct appears to be unprecedented," the Justice Department wrote in a court document filed Tuesday. "Because the Department has declined to certify, Brooks bears the burden of showing that his actions were within the scope of his office or employment as a Member of Congress."

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