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California Rep. Eric Swalwell (D) finally made good on his promise to serve Republican Rep. Mo Brooks (Ala.) with a lawsuit over his alleged role in the deadly riot at the United States Capitol on Jan. 6.
After being served, Brooks alleged that Swalwell’s “team” broke into his personal residence and “accosted” his wife.
What are the details?
Swalwell filed a lawsuit against former President Donald Trump, Rudy Giuliani, Donald Trump Jr., and Brooks alleging they provoked the Capitol riot by alleging voter fraud marred the 2020 election.
Not only that, but the lawsuit claims the defendants broke laws in Washington, D.C., “including an anti-terrorism act, by inciting the riot, and that they aided and abetted violent rioters and inflicted emotional distress on members of Congress,” CNN reported.
The lawsuit was filed in March, but Swalwell’s legal team told a judge they had difficulty locating Brooks to serve him with the suit. Federal Judge Amit Mehta refused to allow U.S. Marshals to serve Brooks with the lawsuit, citing “separation of powers concerns.”
Swalwell’s legal team hired a private investigator to locate Brooks. But even the investigator could not initially find the congressman. Brooks taunted Swalwell on Friday over the private investigator’s inability to find him.
Over the weekend, the private investigator finally delivered the lawsuit to Brooks’ wife in Alabama, Matthew Kaiser, an attorney for Swalwell, told CNN.
What did Brooks say?
Brooks alleged the private investigator not only delivered the lawsuit, but committed criminal trespass in the process — and even alleged that his wife had been “accosted.”
“Well, Swalwell FINALLY did his job, served complaint (on my WIFE). HORRIBLE Swalwell’s team committed a CRIME by unlawfully sneaking INTO MY HOUSE & accosting my wife!” Brooks tweeted.
“Alabama Code 13A-7-2: 1st degree criminal trespass. Year in jail. $6000 fine. More to come!” he added.
.@EricSwalwell Well, Swalwell FINALLY did his job, served complaint (on my WIFE).
HORRIBLE Swalwell’s team committed a CRIME by unlawfully sneaking INTO MY HOUSE & accosting my wife!
Alabama Code 13A-7-2: 1st degree criminal trespass. Year in jail. $6000 fine.
More to come! pic.twitter.com/d7ikQFdM10
— Mo Brooks – Endorsed By President Trump 🇺🇸 (@MoBrooks) June 6, 2021
How did Swalwell’s team respond?
Philip Andonian, an attorney for Swalwell, spoke with CNN, denied Brooks’ allegations, and attacked the congressman for not volunteering to be served with the lawsuit.
“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 said.
“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,” Andonian added. “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.”