This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.

WASHINGTON, D.C. (WHNT) — A federal judge is expected to dismiss U.S. Rep. Mo Brooks (R-Ala.) from a lawsuit alleging the congressman incited violence with his speech at a rally before the January 6 Capitol attack.

As previously reported, Brooks asked the Department of Justice (DOJ) to grant him immunity under the Westfall Act, which provides legal protection for government employees in common tort lawsuits for actions taken as part of their official duties. In a filing last year, the DOJ said Brooks’ speech on January 6th “was campaign activity”, and argued that “it is no part of the business of the United States to pick sides among candidates in federal elections.”

Near the end of the 112-page court document, Judge Amit Mehta said the court would “defer ruling on Brooks’ Westfall Act certification petition and instead invites him to file a motion to dismiss, which the court will grant.”

Two other defendants listed in the lawsuit, Donald Trump Jr. and former New York Mayor Rudy Giuliani were also dismissed. Mehta did not dismiss the case against former President Donald Trump.

Last June, Brooks was served with a lawsuit from California Rep. Eric Swalwell in an attempt to hold Brooks partially accountable for the January 6 Capitol insurrection.

After being served Brooks alleged the process server trespassed, snuck into his home, and accosted his wife. Philip Andonian, attorney for Congressman Swalwell, maintains that the service was “lawful and valid.” However, Brooks said he and his wife swore out a warrant for the process server’s arrest, which was confirmed by District Attorney Rob Broussard.

When reflecting on the one-year anniversary of the insurrection, President Joe Biden said “democracy was attacked.”

“We saw it with our own eyes,” Biden stated. “For the first time in our history, a president not just lost an election, he tried to prevent the peaceful transfer of power as a violent mob breached the Capitol, but they failed.”

The January 6 Capitol attack happened as an attempt to halt the certification of President Biden’s win in the 2020 presidential election. During the insurrection, five people were killed, including a Capitol police officer. Four Capitol officers have taken their own lives since the attack.

The attack also led to Trump’s second impeachment and over 700 people charged nationwide.

Biden said the nation is in “a battle for the soul of America” as he criticized Trump’s response to the Capitol attack.