Rep. Mo Brooks (R-Ala.) on Friday filed a motion to be dismissed from the lawsuit brought against him by Rep. Eric Swalwell (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.
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