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The Westfall Act (1988) provides strong protection for Congresspersons against civil lawsuits. Part of the procedure that allows this protection to be effective is the fact that following Attorney General's certification, the United States is substituted as a defendant. Given sovereign immunity this is fatal for defamation lawsuits.

But are there any examples in which the Attorney General refused this certification when a Congressperson was sued for defamation?

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