“Given that the underlying litigation was initiated by a current Member of the U.S. House of Representatives individually suing another current House Member individually and does not challenge any institutional action of the House or any of its component entities, the Office has determined that, in these circumstances, it is not appropriate for it to participate in the litigation. Pursuant to the Rules of the House of Representatives, the Office ‘shall’ provide legal assistance to the House, which includes all Members of the House, ‘without regard to political affiliation'” says the House of Representatives counsel in a court filing in California Dem Rep Eric Swalwell’s lawsuit against Alabama GOP Rep Mo Brooks for inciting the January 6th Capitol riot.
There’s a lot of confusion on the Twitters about this being the House counsel or the Department of Justice. Per the Washington Post’s Jennifer Rubin (emphasis added): “On Tuesday, the Justice Department and the House of Representatives will file briefs explaining to a federal court whether each believes that Rep. Mo Brooks (R-Ala.) was acting within the scope of his employment when he allegedly incited the violent attack on the Capitol and sought to subvert the peaceful transfer of power on Jan. 6″ so it would seem we’re still waiting on the DOJ’s answer.