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Brooks had asked the Justice Department consider him covered by the Westfall Act, which protects federal employees from being sued for actions taken as part of their jobs, concerning the lawsuit brought by Democratic congressman Eric Swalwell. The Justice Department’s filing could indicate it may not defend former President Donald Trump, who has also been sued by Swalwell for allegedly conspiring to incite the attack. The department said in the court filing that it had determined that Brooks’ appearance at the Jan. 6 rally – in which Trump exhorted his supporters to stop the certification of Joe Biden’s electoral victory – was a campaign activity and not part of his job as a congressman.

United statesCapitol hillDistrict of columbiaDonald trumpSarahn lynchSandra malerE jean carrollJoe bidenHimani sarkarEric swalwellMohammad zarghamAnne tindallDepartment of justiceMembers of congressJustice departmentUnited states congress