U.S. Declines to Defend Trump Ally in Lawsuit Over Jan. 6 Riot The move could mean that the Justice Department is also unlikely to defend former President Donald J. Trump in the case. “Are you willing to do what it takes to fight for America?” Representative Mo Brooks of Alabama asked a crowd at a rally in support of President Donald J. Trump before the Capitol riot.Credit...Jacquelyn Martin/Associated Press July 27, 2021 WASHINGTON — The Justice Department declined on Tuesday to defend a congressional ally of former President Donald J. Trump in a lawsuit accusing them both of inciting supporters at a rally in the hours before the Jan. 6 storming of the Capitol.