Trump's potential liability for Capitol riot faces major test in court

[Bayard]

11. Department of Justice's position

"The Justice Department will be at the hearing to discuss its views toward the cases, in an important barometer of Attorney General Merrick Garland's legal approach to the insurrection.
So far, the DOJ said it will not defend Brooks' actions. According to a court filing this summer, the Justice Department argued that encouraging an attack, if proven in court, could not be considered part of Brooks' job as a public official, and the Trump rally was clearly a campaign event and not part of Brooks' official duties as a lawmaker."

I think that will tell us how Garland is going to handle the rest of this.