HUNTSVILLE, Ala. – Congressman Mo Brooks was served Sunday with a lawsuit from California Congressman Eric Swalwell.
The federal lawsuit was filed in March and seeks to hold Brooks partially accountable for the January 6th Capitol riot. The lawsuit alleges a conspiracy to violate civil rights, along with negligence, inciting a riot and inflicting emotional distress.
Congressman Eric Swalwell got a 60-day extension recently to serve Brooks with the lawsuit.
President Trump and Rudy Giuliani are also named in the lawsuit and waived service — having to get notice of the lawsuit in person.
This weekend Congressman Brooks seemed to openly make fun of Swalwell’s efforts to serve him.
Friday, he posted a “wanted” photo to Twitter. Also over the weekend, Brooks posed for several photos. In one he said he was hiding at his granddaughter’s birthday party.
Sunday, his wife was served paperwork for the lawsuit. Brooks is alleging the process server trespassed, saying on Twitter they snuck into his house and accosted his wife.
Brooks’ wife filed a police report.
Huntsville Police provided News 19 the following statement:
The Huntsville Police Department did respond early Sunday afternoon to the Brooks’ residence. A criminal trespass report was filed. Criminal trespass 3rd is a misdemeanor charge. For a warrant to be sworn out in this case, the victim would need to meet with a magistrate and present their side of the story. It would be left up to a magistrate to decide if a warrant should be issued for the person’s arrest.Lt. Jesse Sumlin, Huntsville Police Department
An attorney for Congressman Eric Swalwell denies the process server did anything illegal. The attorney sent News 19 the following statement Monday afternoon:
“No one entered or even attempted to enter the Brooks’ house. A process server lawfully served the papers on Mo Brooks’ wife, as the federal rules clearly allow. I would also note that this was after Mrs. Brooks’ initial efforts to avoid service earlier that morning when she twice drove past her home – at one point even parking briefly behind some trees at the dead-end at the end of their street – and then left their neighborhood for several hours, presumably after spotting the process server waiting on the street near the house.”Philip Andonian, Attorney for Congressman Eric Swalwell
Monday night, a spokesperson for Brooks provided News 19 surveillance video from the Brooks’ driveway.
It shows Mrs. Brooks pulling into the driveway and driving outside of frame. The Brooks’ spokesperson tells us she drove into the garage. Another car speeds up the driveway and parks. A man runs out of the car and follows Mrs. Brooks. Moments later the video shows the man walking backwards appearing to video Mrs. Brooks with his phone. Mrs. Brooks follows him to his vehicle and momentarily stands behind it before he backs out of the driveway.
News 19 reached out to Swalwell’s attorney for further comment on the surveillance video. They provided this response:
“As we said, there was no truth to Mo Brooks’ claim that the process server went into their house (a claim he now appears to abandon), and the video backs us up. We maintain that the service was lawful and valid. If Brooks wants to challenge it in court then we look forward to getting his motion and taking it up with the judge.”Philip Andonian, Attorney for Congressman Eric Swalwell
Later Monday night, a spokesperson for Brooks told News 19 the Congressman was served by a second process server in Calhoun County.
An attorney for Swalwell said he was not aware he was served again or that anyone was trying to serve him again.
Sunday night, when Congressman Brooks posted on Twitter the allegation of criminal trespass he also posted a picture of Alabama’s criminal code.
In the bottom of that photo, there appeared to be information about the congressman’s email account taped to the bottom of his computer monitor. A spokesperson for Brooks told News 19 the Congressman’s account is secure. He said that password was an old one and no longer used.