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Rep. Mo Brooks (R-Ala.) on Wednesday asked a federal judge to grant him immunity from a lawsuit filed in March by Rep. Eric Swalwell (D-Calif.), which accuses Brooks of inciting the Jan. 6 Capitol attack.

In the suit, Swalwell alleges that Brooks, former President Donald Trump, and Rudy Giuliani knew when they spoke at a "Stop the Steal" rally ahead of the Capitol assault that they were lying when they claimed the 2020 election results were rigged. During Brooks' address to the crowd, he wore a "Fire Pelosi" hat and declared that "today is the day that American patriots start taking down names and kicking ass."

Brooks is representing himself, and earlier argued that his remarks were within his scope of duty as a member of Congress and the case should be dismissed. The Justice Department rejected Brooks' assertion that he was doing his job, stating that fomenting an attack on Congress is "not within the scope of employment of a representative — or any federal employee."