Rep. Mo BrooksMorris (Mo) Jackson BrooksWatchdog group seeks ethics probe over McCarthy's Jan. 6 comments Jan. 6 panel seeks records of those involved in 'Stop the Steal' rally Jan. 6 panel to ask for preservation of phone records of GOP lawmakers who participated in Trump rally: report MORE (R-Ala.) on Friday filed a motion to be dismissed from the lawsuit brought against him by Rep. Eric SwalwellEric Michael SwalwellGOP ekes out win in return of Congressional Baseball Game Greene heckles Democrats and they fire back on Capitol steps Overnight Defense & National Security — Milley becomes lightning rod MORE (D-Calif.) for his role in allegedly inciting the deadly Jan. 6 Capitol riot.
In court documents filed on Friday, Brooks argued that the speech he gave at the Stop the Steal rally that preceded the Capitol attack was done within "the scope of his office" as a U.S. Congress member.
In the documents, Brooks's attorney argues that his duties as a congressman include "making speeches (on the House floor and in public) on public policy issues, current events, American history, American civics, election events and issues, and the like."
He also argued that the tweets that Swalwell cited in his lawsuit fell under his official duties as a congressman as they had been made on his official congressional government account on congressional devices and were drafted by congressional staffers.
In five tweets cited by Swalwell's team, Brooks appeared to cast doubt on the legitimacy of President BidenJoe BidenPressure grows for breakthrough in Biden agenda talks State school board leaves national association saying they called parents domestic terrorists Sunday shows preview: Supply chain crisis threaten holiday sales; uncertainty over whether US can sustain nationwide downward trend in COVID-19 cases MORE's election victory, writing, "I'm going to be very hesitant to certify the results of this election if Joe Biden is declared the winner under these circumstances b/c I lack faith that this was an honest election."
As a U.S. House member, I’m going to be very hesitant to certify the results of this election if Joe Biden is declared the winner under these circumstances b/c I lack faith that this was an honest election. Listen to my interview on @WVNN where I explain why. pic.twitter.com/BFN9wrMfWC— Mo Brooks (@RepMoBrooks) November 5, 2020
Judge Amit P. Mehta for the U.S. District Court for the District of Columbia on Monday ordered Swalwell to respond to Brooks's claim by July 27. Mehta also rejected a motion from Swalwell's team for a "default judgment" to be made against Brooks for being an "unresponsive party," writing that Brooks could not be considered as such since he had filed his petition to be dismissed.
Brooks was served with the lawsuit in early June after Swalwell's attorneys said in court filings that they were having difficulty tracking down the congressman. The lawsuit was served to Brooks's wife, with the lawmaker accusing Swalwell's attorney of trespassing on his property when doing so.
An attorney for Swalwell denied the accusation, saying the lawsuit had been lawfully served to Brooks's wife, Martha Jenkins.
Also named as defendants in the lawsuit are former President TrumpDonald TrumpMcAuliffe takes tougher stance on Democrats in Washington Democrats troll Trump over Virginia governor's race Tom Glavine, Ric Flair, Doug Flutie to join Trump for Herschel Walker event MORE, his son Donald Trump Jr. and his personal attorney Rudy GiulianiRudy GiulianiBook Trump signed for Giuliani fetches K at auction: 'I promise never to run against you' Judge: Request for Tucker Carlson personnel files is 'intrusive' White House orders release of Trump records to Jan. 6 committee MORE.