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