Brooks on Sunday tweeted that his wife was served the complaint, filed by Swalwell in March, and accused the congressman’s “team” of criminally trespassing on his property.
“HORRIBLE Swalwell’s team committed a CRIME by unlawfully sneaking INTO MY HOUSE & accosting my wife!” Brooks wrote. “Alabama Code 13A-7-2: 1st degree criminal trespass. Year in jail. $6000 fine.”
Clay Mills, Brooks’ spokesman, told CBS News that Swalwell’s process server entered the congressman’s house without his wife Martha Brooks’ knowledge or consent, and refused to leave when she demanded it. Mills claimed there is video proof of the incident and said the congressman filed a report with the Huntsville Police Department, though his office does not yet have a copy of the report.
But Philip Andonian, Swalwell’s attorney, refuted Brooks’ claims and said “no one entered or even attempted to enter the Brooks’ house, which is the allegation I understand he is making.”
“We asked Mo Brooks to waive service, which he refused,” Andonian told CBS News. “In response to his juvenile Twitter trolling over the past few days, we offered to meet him somewhere to get this done. Instead of working things out like an adult, he continued to evade service and make a mockery of this incredibly serious case seeking to hold him accountable for the siege on the Capitol. He demanded that we serve him, and we did just that. We look forward to litigating our claims against him in court.”
Filed in the U.S. District Court in the District of Columbia, Swalwell’s suit accuses Brooks, former President Donald Trump, Donald Trump Jr. and Rudy Giuliani, Mr. Trump’s private attorney, of inciting the violence at the Capitol five months ago. The California Democrat claims the group’s actions related to January 6 violated federal civil rights laws and D.C. statute.
While Mr. Trump, Trump Jr. and Giuliani waived service of a summons and copy of the complaint in the litigation, according to the court, Swalwell asked the court last week for an extra 60 days to serve Brooks, citing “his ongoing refusal to waive service and the inherent difficulties of attempting service on a sitting member of Congress.”
Swalwell’s attorneys told the court Andonian contacted Brooks’ office in Washington to ask if he was willing to waive service, but never received calls back after speaking with two staff members on two different occasions. Andonian also emailed Brooks a formal waiver request and copy of the complaint, but never received a response, according to a copy of the message filed with the court.
Swalwell also asked the court to order that a U.S. marshal or other person appointed by the judge serve the summons “because of 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.
“Plaintiff’s investigator has spent many hours over many days in April and May at locations in multiple jurisdictions attempting to locate and serve Brooks, to no avail,” Swalwell told the court. “Plaintiff has borne all costs associated with these efforts.”
Brooks, he continued, was aware of the lawsuit filed against him because he took to Twitter to deem it a “meritless ploy.”
The Alabama Republican mocked Swalwell’s attempts to find him, posting on his Twitter accounts a “Wanted” poster featuring photos from events in Alabama and asserting he has not altered his conduct “one iota” since the suit was filed.
“I have made dozens of publicized public appearances. If Swalwell was sincere about suit service, he could have served me at any of these public events,” Brooks tweeted last week, adding he has voted on the House floor many times and could have been served with the lawsuit before or after votes.
District Judge Amit Mehta, who was assigned the case, granted Swalwell’s request for more time to serve the complaint on Brooks, but declined to order the U.S. Marshals Service to help, citing “separation of powers concerns.”
Mr. Trump, Giuliani and Trump Jr. have asked the court to dismiss Swalwell’s case. The former president claimed he has “absolute immunity” from the suit.