GOP Rep. Mo Brooks is seeking immunity from lawsuit over Jan. 6 Capitol attack

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."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Catherine Garcia has worked as a senior writer at The Week since 2014. Her writing and reporting have appeared in Entertainment Weekly, The New York Times, Wirecutter, NBC News and "The Book of Jezebel," among others. She's a graduate of the University of Redlands and the Columbia University Graduate School of Journalism.
-
Dairy milk, once maligned, is making a comeback
Under the Radar Sales of dairy milk were up 2% in 2024
By Justin Klawans, The Week US Published
-
6 solid travel mugs and bottles for all excursions
The Week Recommends Stay hydrated on the go
By Catherine Garcia, The Week US Published
-
Crossword: February 18, 2025
The Week's daily crossword
By The Week Staff Published
-
Senate confirms RFK Jr. as health secretary
Speed Read The noted vaccine skeptic is now in charge of America's massive public health system
By Peter Weber, The Week US Published
-
Trump lays out plans for broad 'reciprocal' tariffs
Speed Read Tariffs imposed on countries that are deemed to be treating the US unfairly could ignite a global trade war and worsen American inflation
By Peter Weber, The Week US Published
-
Top US prosecutors resign rather than drop Adams case
speed read The interim US attorney for the Southern District and five senior Justice Department officials quit following an order to drop the charges against Mayor Eric Adams
By Rafi Schwartz, The Week US Published
-
Senate confirms Gabbard as intelligence chief
Speed Read The controversial former Democratic lawmaker, now Trump loyalist, was sworn in as director of national intelligence
By Rafi Schwartz, The Week US Published
-
Trump, Putin plan Ukraine peace talks without Kyiv
Speed Read President Donald Trump spoke by phone to Russian President Vladimir Putin, but Ukrainian President Volodymyr Zelensky was not included
By Peter Weber, The Week US Published
-
Elon Musk defends DOGE effort from Oval Office
Speed Read President Trump signed an executive order giving DOGE even more power to shape the federal workforce
By Peter Weber, The Week US Published
-
Judge says White House defying order to spend funds
Speed Read U.S. District Judge John McConnell has ordered the Trump administration to restore federal funding it tried to freeze
By Rafi Schwartz, The Week US Published
-
Trump DOJ orders end to charges against NYC mayor
Speed Read The Justice Department has dropped charges against New York City Mayor Eric Adams, who was charged with bribery and fraud
By Peter Weber, The Week US Published