U.S. District Judge Amit Mehta on Wednesday dismissed Rep. Mo Brooks, R-Alabama, from a lawsuit over the Jan. 6 attack on the U.S. Capitol.
Mehta’s decision was expected. The judge in a previous ruling wrote that he was inclined to dismiss Brooks from the case, which was brought by Rep. Eric Swalwell, D-California.
Brooks at the rally on Jan. 6 told the crowd that “today is the day that American patriots start taking down names and kicking ass.”
Mehta in his Wednesday ruling wrote that Brook’s Jan. 6 speech was protected by the First Amendment. The judge denied as moot Brook’s request that the judge rule that Brooks was acting in his official capacity by giving the speech, however.
“The allegations against Brooks do not support a plausible inference that ‘he was advocating … any action’ or that ‘his words were intended to produce, and likely to produce,…