Eric Swalwell ‘finally’ serves Mo Brooks with Jan. 6 riot lawsuit

“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, teasing that there would be “more to come.”

Plaintiffs initially had 90 days to get a response from Brooks by Saturday, and 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,” according to Wednesday’s court filing.

A judge later granted the 60-day extension, though he did not approve the services of a U.S. marshal “due to separation of power concerns,” according to an electronic filing.

ERIC SWALWELL’S ATTORNEYS SEARCHING FOR MO BROOKS TO SERVE LAWSUIT

In addition to Brooks, Swalwell sued former President Donald Trump, Donald Trump Jr., and Rudy Giuliani on March 5 over the Capitol breach, saying all four were guilty of “conspiracy to violate civil rights,” “incitement to riot,” and terrorism, according to the lawsuit filed by Swalwell in Washington, D.C., federal court.

The California Democrat seeks monetary relief and is asking the court to grant punitive damages for emotional distress.

Trump, Trump Jr., and Giuliani have responded to requests, lawyers said, and the former president moved to dismiss the lawsuit through his attorney, Jesse Binnall, on May 25.

Attorneys for Swalwell have alleged that Brooks was aware of the litigation, and Brooks provided a statement to the Washington Examiner at the time the lawsuit made headlines.

“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,” he said in an email March 5. “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.”

Swalwell’s claims were baseless, Brooks said Thursday.

“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 told the Washington Examiner 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 added. “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.”

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On Jan. 6, a group of demonstrators stormed the Capitol, breaching the perimeter in protest to the outcome of the 2020 presidential election. Trump was impeached on the charge of inciting an insurrection but was acquitted in the Senate. He had previously been impeached on two Ukraine-related charges in 2019 before being acquitted in the GOP-led Senate.

Representatives for Swalwell and Brooks did not immediately respond to the Washington Examiner’s requests for comment.