Brooks argued in a filing with the U.S. district court in the District of Columbia he was acting within the scope of his employment as a member of the House when he delivered a speech at a rally outside the White House on January 6.
After his speech and remarks from former President Donald Trump, scores of the former president’s supporters descended upon the Capitol and breached the building in an attempt to stop Congress from reaffirming President Biden’s win. Five people died and hundreds of people, including law enforcement protecting the building and lawmakers inside, were injured.
The Alabama Republican told the court that as a member of Congress, he is subject to the Westfall Act, which shields federal employees from being sued for engaging in their official duties.
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