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GOP Congressman Mo Brooks says team Swalwell committed 'crime' by serving wife with Jan 6. lawsuit

Swalwell attorneys say they were trying for months to serve Brooks, who works on Capitol Hill with the Democratic congressman.

Updated: June 7, 2021 - 10:15am

The Facts Inside Our Reporter’s Notebook

Rep. Mo Brooks was served this week with a lawsuit filed by California Democratic Rep. Eric Swalwell that attempts to hold the Alabama Republican accountable for the Jan. 6 Capitol riot.

Swalwell and his attorneys said they have been trying for months to serve Brooks with the suit and ultimately had to hire a private investigator to him, though they in the same chamber in the Capitol building.  

Swalwell attorney Matthew Kaiser told CNN Sunday he left the papers with Brooks' wife at their Alabama home.

Brooks responded to the effort by accusing tea Swalwell with a crime. 

"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!" he tweeted Sunday.

The lawsuit, filed in March, seeks to hold former President Trump, former Trump attorney Rudy Giuliani, Brooks, and others accountable for inciting the Jan. 6 Capitol riot.

While Brooks claimed Swalwell's attorneys had committed a crime by entering his house, Philip Andonian, another attorney for Swalwell, disputed Brooks’ claims, saying, "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 allow," Andonian told CNN. "Mo Brooks has no one but himself to blame for the fact that it came to this."

Brooks said through a spokesperson Thursday that he is "avoiding no one" and that I have altered my conduct not one iota since Swalwell's politically motivated, meritless lawsuit was filed."

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