W.D.Clinger
Philosopher
In the court filing quoted above, the US Department of Justice declined Mo Brooks's request that the DOJ defend Brooks against a civil lawsuit brought by Representative Eric Swalwell. Brooks claimed he was acting as a US government employee when he spoke at the rally preceding the insurrectionist attack on the US Capitol, and should therefore be protected under the Westfall Act. The DOJ disagreed, saying Brooks spoke as part of a "campaign activity", which was not one of his official duties as a member of the US House of Representatives.DOJ said:Inciting or conspiring to foment a violent attack on the United States Congress is not within the scope of employment of a Representative—or any federal employee...
The US House of Representatives also declined to represent Brooks in the lawsuit.
Donald Trump is another defendant in that lawsuit. It now seems unlikely that the DOJ will defend Trump either.