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Political Litigation

Alabama Rep. Mo Brooks Served Lawsuit Over Capitol Riots

— June 8, 2021

Rep. Brooks has since alleged that the lawsuit was served illegally.

Alabama Rep. Mo Brooks has been served an assault lawsuit by California Democrat Rep. Eric Swalwell.

According to CNN, Swalwell is seeking to hold Brooks—a conservative—accountable for his role in the January 6th Capitol riot. Swalwell had purportedly failed to track down Brooks in the days prior.

However, Swalwell’s attorneys successfully made contact earlier this week—much to Brooks’ anger.

“Well, Swalwell FINALLY did his job, served complaint (on my WIFE),” Brooks wrote on twitter. “HORRIBLE Swalwell’s team committed a CRIME by unlawfully sneaking INTO MY HOUSE & accosting my wife!”

People milling around in front of the Capitol building, some carrying signs.
January 6, 2021 storming of the United States Capitol. Photo by Tyler Merbler, courtesy of Wikimedia Commons. CC BY 2.0

In the same tweet, Rep. Brooks suggested that Swalwell’s process server violated Section 13A-7-2 of the Alabama statutes, which is first degree criminal trespass.

A spokesperson for Brooks told CBS News that the process server entered Brooks’ home without his knowledge, or the knowledge of his wife, Martha. The same process server allegedly refused to leave when requested.

Brooks’ spokesman says there is video footage showing the encounter.

Swalwell, adds CNN, had been forced to hire a private investigator after his own legal team was unable to track down the Alabama conservative.

Philip Andonian, an attorney for Rep. Swalwell, said Brooks accusations are baseless, and that Swalwell’s process server handed over notice of the lawsuit legally.

“No one entered or even attempted to enter the Brooks’ house. That allegation is completely untrue. A process server lawfully served the papers on Mo Brooks’ wife, as the federal rules allow,” Andonian told CNN. “This was after her initial efforts to avoid service. Mo Brooks has no one but himself to blame for the fact that it came to this. We asked him to waive service, we offered to meet him at a place of his choosing. Instead of working things out like a civilized person, he engaged in a juvenile game of Twitter trolling over the past few days and continued to evade service. He demanded that we serve him. We did just that. The important thing is the complaint has been served and Mo Brooks can now be held accountable for his role in inciting the deadly insurrection at the Capitol.”

CBS News notes that Swalwell’s lawsuit names as defendants Rep. Brooks, former President Donald Trump, Donald Trump Jr., and Rudy Giuliani.

Collectively, Rep. Swalwell says these men and their cohorts were directly responsible for inciting the January 6th Capitol riot, which left several people dead and dozens injured.


Congressman Mo Brooks served with lawsuit over role in Capitol assault

Rep. Mo Brooks served with lawsuit related to his role in Capitol insurrection

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