The Judge denied the request for default judgment against U.S. Rep. Mo Brooks on the Capitol strike lawsuit

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Posted: Jul 5, 2021 / 04:56 PM CDT / Updated: Jul 5, 2021 / 04:59 PM CDT

Rep. Mo Brooks, R-Ala., Will be speaking Wednesday, Jan. 6, 2021, in Washington, at a rally to support President Donald Trump called the “Save America Rally.” (Photo by AP / Jacquelyn Martin)

WASHINGTON, DC A federal judge has denied a request for a default judgment against U.S. Rep. Mo Brooks in a lawsuit in revolt on Jan. 6 at the U.S. Capitol.

The US Rep. Eric Swalwell, D-California, sought default judgment against Brooks last week, claiming the Alabama Republican failed to file a response to the lawsuit by the deadline. A representative from Brooks’s office said the response was filed before the deadline, but there appears to be confusion over the response being processed and posted online.

U.S. District Court Judge Amit P. Mehta denied Swalwell’s request in an order posted Monday, stating that Brooks responded in a timely manner.

Brooks swore a warrant of arrest for the man who filed the lawsuit against his wife

Other defendants in the case, including former President Donald Trump, Donald Trump Jr. and Rudy Giuliani also responded to the lawsuit and made moves to dismiss it.

Swalwell’s lawsuit seeks to hold Brooks and others accountable for their alleged role in the Jan. 6 insurgency that took place after a rally in which he spoke out against the results of the general election won by President Joe Biden.

Brooks filed a petition Friday in the case asking the court to prove that when he spoke at the rally, he was acting within the scope of his chosen office and should be dismissed as a defendant in the case.

January 6 unrest in the capitol: 7 Democrats, 1 Republican named on House panel investigating uprising

Brooks said in his court filing that he only spoke at the rally because he was asked by a White House employee, and he gave a speech during working hours in Congress.

In addition to denying Swalwell’s motion for default judgment on Monday, Mehta also gave him a July 27 deadline to respond to Brooks’ claim that he should be released as a defendant.

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