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Washington – Republican Congressman Mo Brooks from Alabama was served on Sunday with a lawsuit filed against him by Democratic Congressman Eric Swalwell of California for his role in the Jan.6 assault on the Capitol after the efforts Swalwell’s initial attempts to track down Brooks have failed.
Brooks tweeted Sunday that his wife had received service of the complaint, filed by Swalwell in March, and accused the congressman’s “team” of violating her property.
“The HORRIBLE Swalwell team has committed CRIME by illegally sneaking INTO MY HOUSE and accosting my wife!” Brooks wrote. “Alabama Code 13A-7-2: First Degree Criminal Trespass. Year in prison. Fine of $ 6,000. “
. @ EricSwalwell Well Swalwell FINALLY did his job, made a complaint (about my WIFE).
The HORRIBLE Swalwell team has committed CRIME by illegally sneaking INTO MY HOUSE and accosting my wife!
Alabama Code 13A-7-2: 1st degree criminal trespass. Year in prison. $ 6,000 fine.
More soon! pic.twitter.com/d7ikQFdM10
– Mo Brooks – Approved by President Trump 🇺🇸 (@MoBrooks) June 6, 2021
Clay Mills, spokesperson for Brooks, told CBS News that Swalwell’s process server entered the congressman’s house without the knowledge or consent of his wife Martha Brooks, and refused to leave when ‘she asked. Mills claimed there is video evidence of the incident and said the congressman filed a report with the Huntsville Police Department, although his office does not yet have a copy of the report.
But Philip Andonian, Swalwell’s attorney, refuted Brooks’ claims and said that “no one entered or even attempted to enter the Brooks house, which is the allegation he makes, I believe “.
“We asked Mo Brooks to quit the service, which he refused,” Andonian told CBS News. “In response to his youthful Twitter trolling over the past few days, we offered to meet him somewhere to make it happen. Instead of settling things like an adult, he continued to shy away from service and laugh at him. of this incredibly serious matter by seeking to hold him accountable for the Capitol headquarters. He demanded that we serve him, and that is exactly what we have done. We look forward to bringing our claims against him to court. “
Filed in U.S. District Court for the District of Columbia, Swalwell’s lawsuit accuses Brooks, former President Donald Trump, Donald Trump Jr. and Rudy Giuliani, Mr. Trump’s private lawyer, of inciting violence at the Capitol five months ago. The California Democrat says the group’s actions related to January 6 violated federal civil rights laws and DC’s status.
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As Mr. Trump, Trump Jr. and Giuliani waived service of a subpoena and copy of the lawsuit in the litigation, the court said, Swalwell asked the court last week for an additional 60 days. to serve Brooks, citing “his continued refusal to relinquish service and the difficulties inherent in attempting service on a sitting member of Congress.” ”
Swalwell’s attorneys told court that Andonian contacted Brooks’ Washington office to ask if he was ready to quit the service, but never received a callback after speaking to two staff at two. different occasions. Andonian also sent Brooks a formal waiver request and a copy of the complaint, but never received a response, according to a copy of the message filed in court.
Swalwell also asked the court to order that a US Marshal or other person appointed by the judge serve the summons “due to the special circumstances here” and said he hired a private investigator to attempt to serve Brooks , which came with its own difficulties due to restricted public access to the Capitol grounds following the January 6 attack.
“The plaintiff’s investigator spent many hours over several days in April and May in several jurisdictions attempting to locate and serve Brooks, to no avail,” Swalwell told the court. “The applicant has borne all costs associated with these efforts.”
Brooks, he continued, was aware of the lawsuit against him because he took to Twitter to view it as an “unworthy ploy.”
The Alabama Republican mocked Swalwell’s attempts to track him down, posting a “Wanted” poster on his Twitter accounts containing photos of events in Alabama and claiming he had not changed his conduct “d ‘one iota’ since the filing of the complaint.
“I have made dozens of high-profile public appearances. If Swalwell was sincere about the costume service, he could have served me at any of these public events,” Brooks tweeted last week, adding that he had voted several times in the House and could have been served with the trial before or after the votes.
District Judge Amit Mehta, who was assigned the case, granted Swalwell the request for more time to serve the complaint on Brooks, but declined to order assistance from the US Marshals Service, citing claims “Problems of separation of powers”.
Mr Trump, Giuliani and Trump Jr. have asked the court to dismiss the Swalwell case. The former president said he had “absolute immunity” from prosecution.
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