Jun 3, 2021 - Politics & Policy

Eric Swalwell's attorneys say they can't find Mo Brooks to serve lawsuit

Combination images of Reps. Mo Brooks and Eric Swalwell.
Combination images of Reps. Mo Brooks and Eric Swalwell. Photo: Tom Williams/CQ-Roll Call, Inc via Getty Images/Al Drago/Bloomberg via Getty Images

Attorneys for Rep. Eric Swalwell (D-Calif.) said Wednesday they've hired a private investigator to find Rep. Mo Brooks (R-Ala.) in order to serve a lawsuit that alleges he and other pro-Trump allies bear responsibility for the Capitol riot.

Driving the news: Swalwell's attorneys claim in a court filing that Brooks is avoiding being served the suit, with their calls and emails going unanswered.

  • "Plaintiff had to engage the services of a private investigator to attempt to serve Brooks personally — a difficult feat under normal circumstances that has been complicated further in the wake of the January 6 insurrection at the Capitol that Defendants incited," the attorneys wrote.
  • The investigator "has spent many hours over many days" since April searching for Brooks, "to no avail," they added.

Why it matters: The lawsuit, which Swalwell has also filed against former President Trump, Donald Trump Jr. and Rudy Giuliani, alleges that Brooks incited the Jan. 6 insurrection with his speech at a Washington, D.C., rally held before the violence.

The other side: Representatives for Brooks could not immediately be reached. After the suit was filed in March, he tweeted that the accusations were "frivolous" and "meritless."

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