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DOJ declines to defend Mo Brooks in Eric Swalwell's Capitol riot lawsuit

The Department of Justice declined late Tuesday to represent Rep. Mo Brooks in a civil lawsuit against the Georgia congressman concerning the Capitol riot.

Why it matters: Brooks had argued he should have immunity in the suit, filed by Rep. Eric Swalwell (D-Calif.) against him, former President Trump, his son Donald Trump Jr. and lawyer Rudy Giuliani over the insurrection. He said he was acting as a government employee when he spoke at a rally before the insurrection.


  • 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 rally at which Brooks and the others named in the suit attended on Jan. 6 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.

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School board recalls in 2021 skyrocket amid organized campaigns for critical race theory bans

Efforts to recall school board members are surging around the U.S. — and especially in California — amid Republican efforts to quash teaching about institutional racism.

Why it matters: Coordinated efforts by conservative groups are shaping public education, fueled by controversies over race as as well as backlash to COVID-19 closures.

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New York City E-Race Grand Prix shows potential of electric vehicles

BMW's Maximilian Günther and Jaguar's Sam Bird captured the checkered flags at the thrilling New York City E-Prix racing doubleheader in Brooklyn over the weekend. But the real winners, race organizers hope, are electric vehicles themselves.

Why it matters: ABB FIA Formula E's all-electric street racing series, held in some of the world's most iconic cities, is meant to showcase EV technology in the very places electric cars are likely to have the biggest impact.

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Israel becomes first country to offer COVID-19 vaccine booster shot

Israel on Monday will begin offering a third dose of Pfizer and BioNTech's coronavirus vaccine as a booster shot for people with weakened immune systems, according to the Times of Israel.

Why it matters: It's the first country to offer booster shots to bolster protection against the rapidly spreading Delta variant. The Israeli Health Ministry is still determining whether an extra shot should be offered to the general public.

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CIA director secretly met with Taliban leader

CIA Director William Burns secretly met with Abdul Ghani Baradar, the Taliban's de-facto leader, in Kabul on Monday, the Washington Post first reported.

Why it matters: Though the contents of the meeting are not known, Burns is the highest-ranking Biden administration official to meet with Taliban leadership as the U.S. races to evacuate Americans and Afghan allies from the country before the official withdrawal date of Aug. 31.

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