Eric Swalwell, who says Brooks knowingly incited a mob of Trump supporters.

Brooks stands accused of fomenting violence against the Capitol, which would be contrary to his duties as a lawmaker.

The Justice Department and the House of Representatives declined on Tuesday to represent Rep.

Eric Swalwell (D-Calif.), who says Brooks knowingly incited a mob of then-President Donald Trump’s supporters to storm the Capitol, using incendiary rhetoric at a rally near the White House before the violent assault began.

In a 42-page court filing last month, Brooks sought to dismiss the case against him, arguing that his remarks were within the scope of his duties as a House member.

The Justice Department and the House have typically intervened to defend lawmakers sued for their official actions, and Brooks sought similar treatment against his colleague’s suit.

“The record indicates that the January 6 rally was an electioneering or campaign activity that Brooks would ordinarily be presumed to have undertaken in an unofficial capacity,” Justice Department civil attorneys said in a 29-page filing late Tuesday.

Also, Brooks stands accused of fomenting violence against the Capitol, which would be contrary to his duties as a lawmaker.

Zoe Lofgren (D-Calif.), the chair of the House Administration Committee, urging the Justice Department to reject Brooks’ request for legal representation, as well.

Department attorneys also said that if the allegations in Swalwell’s suit are true — that Brooks conspired with and instigated rioters to attack the Capitol — it would be so contrary to his official obligations that he could not have been acting as a lawmaker in doing so.

Last month, the Justice Department angered some liberals and created tension with the White House by standing by a Trump administration decision to defend him against the suit filed by Carroll, who claims Trump raped her in a department store dressing room several decades ago.