WASHINGTON — The Justice Division declined on Tuesday to defend a congressional ally of former President Donald J. Trump in a lawsuit accusing them each of inciting supporters at a rally within the hours earlier than the Jan. 6 storming of the Capitol.

Regulation enforcement officers decided that Consultant Mo Brooks, Republican of Alabama, was appearing exterior the scope of his duties in an incendiary speech simply earlier than the assault, in response to a court docket submitting. Mr. Brooks had requested the division to certify that he was appearing as a authorities worker in the course of the rally; had it agreed to defend him, he would have been dismissed from the lawsuit and america substituted as a defendant.

“The file signifies that Brooks’s look on the Jan. 6 rally was marketing campaign exercise, and it’s no a part of the enterprise of america to select sides amongst candidates in federal elections,” the Justice Division wrote.

“Members of Congress are topic to a bunch of restrictions that fastidiously distinguish between their official features, on the one hand, and marketing campaign features, on the opposite.”

The Justice Division’s choice reveals it’s prone to additionally decline to offer authorized safety for Mr. Trump within the lawsuit. Authorized consultants have carefully watched the case as a result of the Biden Justice Division has continued to combat for granting immunity to Mr. Trump in a 2019 defamation lawsuit the place he denied allegations that he raped the author E. Jean Carroll and stated she accused him to get consideration.

Such a substitution gives broad protections for presidency officers and is usually reserved for presidency staff sued over actions that stem from their work. Within the Carroll case, the division cited different defamation lawsuits as precedent.

The Brooks choice additionally ran counter to the Justice Division’s longstanding broad view of actions taken within the scope of a federal worker’s employment, which has served to make it tougher to make use of the courts to carry authorities staff accountable for wrongdoing.

Attorneys for the Home additionally stated on Tuesday that they declined to defend Mr. Brooks within the lawsuit. On condition that it “doesn’t problem any institutional motion of the Home,” a Home lawyer wrote in a court filing, “it isn’t applicable for it to take part within the litigation.”

The Justice Division and Home filed their briefs on Tuesday, the deadline set by Decide Amit P. Mehta of the Federal District Courtroom for the District of Columbia. The lawsuit, filed in March by Consultant Eric Swalwell, Democrat of California, accuses Mr. Brooks of inciting a riot and conspiring to forestall an individual from holding workplace or performing official duties.

Mr. Swalwell accused Mr. Brooks, Mr. Trump, his son Donald Trump Jr. and his onetime private lawyer Rudolph W. Giuliani of enjoying a key function in inciting the Jan 6. assault throughout a rally close to the White Home within the hours earlier than the storming of the Capitol.

Citing excerpts from their speeches, Mr. Swalwell accused the boys of violating federal legislation by conspiring to forestall an elected official from holding workplace or from performing official duties, arguing that their speeches led Mr. Trump’s supporters to imagine they had been appearing on orders to assault the Capitol.

Mr. Swalwell alleged that their speeches inspired Mr. Trump’s supporters to unlawfully pressure members of Congress from their chambers and destroy components of the Capitol to maintain lawmakers from performing their duties.

Through the rally, Mr. Brooks instructed attendees that america was “in danger in contrast to it has been in many years, and maybe centuries.” He stated that their ancestors “sacrificed their blood, their sweat, their tears, their fortunes and generally their lives” for the nation.

“Are you keen to do the identical?” he requested the gang. “Are you keen to do what it takes to combat for America?”

Mr. Swalwell stated defendants in his lawsuit had incited the mob and had continued to stoke false beliefs that the election was stolen.

“As a direct and foreseeable consequence of the defendants’ false and incendiary allegations of fraud and theft, and in direct response to the defendants’ categorical requires violence on the rally, a violent mob attacked the U.S. Capitol,” Mr. Swalwell stated in his criticism. “Many members within the assault have since revealed that they had been appearing on what they believed to be former President Trump’s orders in service of their nation.”

In June, Mr. Brooks requested that the Justice Division defend him within the case. He cited the Westfall Act, which basically substitutes the Justice Division because the defendant when federal staff are sued for actions deemed throughout the scope of their employment, in response to a court document.

He described his speech on Jan. 6 as a part of his job, saying that his duties embody delivering speeches, making pronouncements on coverage and persuading lawmakers.

Mr. Trump has not sought to have the federal government substitute for him as a defendant within the lawsuit beneath the Westfall Act. However he has argued in court docket filings that the statements he made on Jan. 6 are lined by broad immunity, that he couldn’t be sued for making them and that the lawsuit violated his free speech rights.

Ought to a decide deny Mr. Trump’s claims, he might ask the Justice Division to intervene on his behalf. However its choice in Mr. Brooks’s case lowered the probabilities that it’ll comply.