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07/29/2021

Experts Say U.S. Refusal to Defend Lawmaker in Capitol Riot a Signal to Trump

The former president is a co-defendant in the case

The U.S. Justice Department's refusal to defend a Republican congressman accused in a civil lawsuit of helping to incite the Jan. 6 attack on the Capitol could hamper former President Donald Trump's legal defense in the same case, experts said.

The department late Tuesday told a federal judge it had declined a request by Representative Morris "Mo" Brooks to grant him immunity by covering him under the Westfall Act, which shields federal employees from being sued for their words or actions in the course of their employment.

Experts said the move appeared to send a message to Trump, a co-defendant in the case, ruling out immunity when it warned that inciting an attack on Congress "is not within the scope of employment of a representative - or any federal employee."

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