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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.

Why the startup world needs to ditch "unicorns" for "dragons"

When Aileen Lee originally coined the term "unicorn" in late 2013, she was describing the 39 "U.S.-based software companies started since 2003 and valued at over $1 billion by public or private market investors."

Flashback: It got redefined in early 2015 by yours truly and Erin Griffith, in a cover story for Fortune, as any privately-held startup valued at $1 billion or more. At the time, we counted 80 of them.

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Scoop: Facebook's new moves to lower News Feed's political volume

Facebook plans to announce that it will de-emphasize political posts and current events content in the News Feed based on negative user feedback, Axios has learned. It also plans to expand tests to limit the amount of political content that people see in their News Feeds to more countries outside of the U.S.

Why it matters: The changes could reduce traffic to some news publishers, particularly companies that post a lot of political content.

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Scoop: Amazon quietly getting into live audio business

Amazon is investing heavily in a new live audio feature that's similar to other live audio offerings like Clubhouse, Twitter Spaces and Spotify's new live audio platform, sources tell Axios.

Why it matters: As with Amazon's efforts in podcasting and music subscriptions, the company sees live audio as a way to bolster the types of content it can offer through its voice assistant, Alexa, and its smart speaker products.

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Hurricane Ida exposes America's precarious energy infrastructure

The powerful hurricane that plunged New Orleans into darkness for what could be weeks is the latest sign that U.S. power systems are not ready for a warmer, more volatile world.

The big picture: “Our current infrastructure is not adequate when it comes to these kinds of weather extremes,” Joshua Rhodes, a University of Texas energy expert, tells Axios.

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"We must go further": 70% of adults in European Union are fully vaccinated

About 70% of adults in the European Union are fully vaccinated against COVID-19, Ursula von der Leyen, the president of the European Commission, said Tuesday.

Why it matters: The milestone makes the E.U. one of the world's leaders in inoculations, after an initially lagging vaccine campaign, the New York Times notes.

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What Elizabeth Holmes jurors will be asked ahead of fraud trial

Jury selection begins today in USA v. Elizabeth Holmes, with the actual jury trial to get underway on Sept. 8.

Why it matters: Theranos was the biggest fraud in Silicon Valley history, putting both hundreds of millions of dollars and thousands of patients' health at risk.

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