The Department of Justice has declined Rep. Mo Brooks’ (R-Ala.) request to intervene in a lawsuit related to the Jan. 6 U.S. Capitol breach. Rep. Eric Swalwell (D-Calif.) sued Brooks, former President Donald Trump, and others in March, claiming they incited the breach through comments made at a rally earlier that day. Brooks argued in a filing this month that he was acting within the scope of his office and should either be dismissed as a defendant or be replaced by the Department of Justice (DOJ). Brooks said he only spoke at the rally on The Ellipse because he was asked to make remarks by a White House official. He also prepared the speech in his congressional office. Federal law states that the DOJ shall defend federal employees against lawsuits “for injury or loss of property, or personal injury or death arising or resulting from the negligent or wrongful act …