Rep. Mo Brooks (R-Ala.) received a double dose of bad news on Tuesday in his fight against a lawsuit filed against him by Rep. Eric Swalwell (D-Calif.) over the Capitol insurrection.

Swalwell filed a lawsuit against Brooks for helping Donald Trump incite the insurrection. During incendiary remarks made at Trump’s January 6th rally, Brooks told the crowd that “today is the day American patriots start taking down names and kicking ass,” only for that crowd to violently storm the Capitol looking to murder lawmakers and overthrow democracy.

Brooks was served a subpoena after months of hiding in an effort to avoid it. But now he has to appear in court, and he won’t have House lawyers or the Department of Justice there to defend him.

Politico’s Kyle Cheney reports that the House and the DOJ have determined that Brooks was not acting in his official capacity as a congressman when he delivered his speech at a political rally and that inciting an attack on the Capitol is not part of a lawmaker’s official duty. Seriously, the DOJ actually had to point that out.

Now Brooks will have to retain his own legal counsel unless he’s foolish enough to try defending himself just like he was foolish when he doubled down on inciting insurrection at CPAC despite claiming that he wasn’t trying to incite an insurrection on January 6th.

Brooks is on his own and will be held accountable for his actions in court. And anything uncovered by this lawsuit will likely be of great interest to the Select Committee investigating the insurrection.

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