Brooks, in a petition he filed himself, points out that his tweets and his speech at the rally center on the contested presidential election and whether to certify the state electoral counts, which members of Congress vote on and did so later on Jan. 6.
“I can't imagine the House counsel repudiating that contention, even though they didn’t enter the case until they were asked to,” Stan Brand, a former House general counsel now at Brand Woodward Law, said. “I think that was their sort of way of trying to sidestep a controversy.”
Brooks, to back his petition, told the federal court that his tweets were done on his official member account, he prepared the rally speech in his congressional office, and he represents constituents who “overwhelmingly” preferred that Trump remain president and support his conduct.
Swalwell, in the original lawsuit, says Brooks was “acting in his personal capacity.”
Traditionally broad protections
House members sometimes generate lawsuits when they do a wide range of activities to further their responsibilities as elected officials, such as communicating with constituents, or speaking with the media or the public about matters of public concern, Hungar said.
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July 12, 2021 at 06:01PM
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House lawyers weigh immunity for Rep. Mo Brooks in Jan. 6 lawsuit - Roll Call
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