Democratic Rep. Eric Swalwell carried through on his threat to sue Republican Rep. Mo Brooks in an attempt to hold him culpable for the Jan. 6 Capitol Hill riot by serving papers to his wife at their home.
Swalwell’s representatives allegedly snuck into Brooks’ home and served the complaint to his wife reportedly in violation of local laws. The Democrat has been attempting to serve the congressman for months. Despite the fact that Brooks has announced his candidacy to run for the Senate and has appeared on multiple media outlets, Swalwell has seemingly been unable to seal the deal until now via private investigators and a process server.
“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,” Brooks tweeted out and announced that there would be “more to come.”
After three months of being unable to locate Brooks, Swalwell petitioned a judge for a 60-day extension following a claim by lawyers that Brooks had avoided their calls and emails since March 5. Wednesday’s court filing revealed that attorneys requested a U.S. Marshal accompany them to serve the lawsuit “in light of [Brooks’s] ongoing refusal to waive service and the inherent difficulties of attempting service on a sitting Member of Congress.”
The judge granted the extension but not the use of a U.S. Marshal “due to separation of power concerns.”
.@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/XSrFnezDlC
— Mo Brooks (@RepMoBrooks) June 6, 2021
Swalwell’s attorney Philip Andonian told Forbes that the allegation his process server broke the law serving Brooks’ wife with the complaint is “utterly false” and that they “did not enter the house,” asserting that he “lawfully handed the papers to Mo Brooks’ wife at their home… which is perfectly legitimate under the federal rules.”
Brooks spokesperson Clay Mills stated that Brooks’ filed a police report over the alleged incident, claiming they have “video proof” the server entered their home without consent and “refused to leave when Mrs. Brooks demanded.”
Swalwell also sued former President Donald Trump, Donald Trump Jr., and Rudy Giuliani on March 5 in connection to the Jan. 6 event. He declared that all four Republicans were guilty of “conspiracy to violate civil rights,” “incitement to riot,” and terrorism in his lawsuit.
Unbelievably, the California congressman is seeking monetary relief and punitive damages for emotional distress.
Trump, Trump Jr., and Giuliani have all responded to the suit. Former President Trump has moved to dismiss the lawsuit through his attorney, Jesse Binnall.
Swalwell is alleging that Brooks was fully aware of the litigation and provided a statement by Brooks to the Washington Examiner: “Socialist Eric Swalwell’s frivolous lawsuit is a meritless ploy by a man who betrayed his country by bedding a Communist Chinese spy while serving on the Intelligence Committee that hears America’s highest classified security secrets. I make no apologies whatsoever for fighting for accurate and honest elections. In sum, I wear Communist-sympathizer Swalwell’s scurrilous and malicious lawsuit like a badge of courage.”
Brooks views the California Democrat’s claims as baseless: “First, under the law, it is the plaintiff’s job to serve a lawsuit on a defendant, not the other way around. It is not a defendant’s job to alter his conduct and go out of his way to seek out suit service,” he stated in an email. “Second, I am avoiding no one. I have altered my conduct not one iota since Swalwell’s politically motivated, meritless lawsuit was filed.”
“Third, Swalwell is wrong (perhaps to the point of being illegal) to seek to use federal property and federal employees (my staff) for his personal and political gain, which is what his lawsuit is about,” he posited. “Fourth, I HAVE PUBLICLY VOTED ON THE HOUSE FLOOR MORE THAN 100 TIMES since the lawsuit was filed. Public notice of EACH vote was given to Swalwell. He could, if he so desired, have served me at any time during, before or after these votes.”
Republican Rep. Marjorie Taylor-Greene who has butted heads with Swalwell frequently, slammed him in an explosive tweet: “[email protected] your team unlawfully snuck in @MoBrooks house? You really did learn a lot from Fang Fang, your Chinese spy girlfriend. Alabama judges aren’t as forgiving as Pelosi.”
You really did learn a lot from Fang Fang, your Chinese spy girlfriend.
Alabama judges aren’t as forgiving as Pelosi. https://t.co/c7yaciLWxD
— Marjorie Taylor Greene 🇺🇸 (@mtgreenee) June 7, 2021
Brooks also referred to Swalwell and “Fang Fang” in another tweet: “[email protected] – and the hits just keep on coming. Perhaps next time Eric “Fang Fang” Swalwell will finish memorizing Karl Marx’s Communist Manifesto before wasting court time & tax dollars on a frivolous lawsuit against President Trump & Mo Brooks.”
And it appears that Brooks and others are pointing out to Swalwell just how easy he was to find in the first place:
Hey @RepSwalwell @ericswalwell I found him! So did hundreds of other Alabamians at Lake Guntersville. Do you want me to hold him for you- since you can’t find him and stuff? #alpolitics #IFoundMo @RepMoBrooks pic.twitter.com/wUrhYwNo7K
— Terry Lathan (@ChairmanLathan) June 5, 2021
.@EricSwalwell Still can’t find me? Avert your “loving” eyes from Communist Spy Fang Fang. I am “hiding out” at my granddaughter Evelyn’s 7th birthday party in Alabama the Beautiful!
See you soon for the 100th+ time on House Floor for votes since suit filed! pic.twitter.com/Bub9BS2GtZ
— Mo Brooks – Endorsed By President Trump 🇺🇸 (@MoBrooks) June 5, 2021
— Mo Brooks – Endorsed By President Trump 🇺🇸 (@MoBrooks) June 4, 2021
— Mo Brooks – Endorsed By President Trump 🇺🇸 (@MoBrooks) June 4, 2021
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