DOJ declines to defend Mo Brooks in Capitol riot lawsuit

• But lawyers for the DOJ said in a court filing late Tuesday that the record indicates that Brooks' appearance at the rally was "campaign activity, and it is no part of the business of the United States to pick sides among candidates in federal elections."
• The Jan. 6 rally at which the suit's defendants attended was organized by a pro-Trump nonprofit and the DOJ lawyers wrote they "cannot conclude that Brooks was acting within the scope of his office or employment as a Member of Congress at the time of the incident out of which the claims in this case arose."

What else they're saying: "Inciting or conspiring to foment a violent attack on the United States Congress is not within the scope of employment of a Representative — or any federal employee," the Justice Department lawyers wrote.

• "In light of the Department's declination, the United States should not be substituted as a defendant in this action."

The other side: Brooks has previously described the lawsuit as "frivolous" and "meritless."

Flashback: Swalwell's representatives served the suit on Brooks last month after trying since March to do so and hiring a private investigator to locate him.