The lawsuit against U.S. Rep. Mo Brooks (R-Huntsville) alleging that his January 6, 2021, speech contributed to the Capitol Hill riot will be dismissed, a federal judge indicated on Friday.

U.S. District Judge Amit Mehta wrote in a 112-page order that he will dismiss the suit against Brooks once his attorneys file a motion to dismiss. Mehta determined that Brooks’ January 6 remarks “were political speech protected by the First Amendment for which he cannot be subject to liability.”

U.S. Rep. Eric Swalwell (D-Calif.) in March 2021 filed suit against Brooks, former President Donald Trump, Donald Trump, Jr., and Rudy Giuliani claiming they were partially responsible for the riot.

Swalwell was long unsuccessful in his attempts to formally serve Brooks with the lawsuit as he partook in a months-long effort to locate the North Alabama congressman. On June 6, 2021, Swalwell eventually succeeded in serving Brooks with the lawsuit by way of a process server, who Brooks said had illegally entered his home to serve the papers to his wife, Martha.

While clearing Brooks, Trump Jr. and Giuliani from the suit, the judge ordered that the case against the former president may proceed.

Dylan Smith is a staff writer for Yellowhammer News. You can follow him on Twitter @DylanSmithAL