Updated Jun 7, 2021 - Politics & Policy

Eric Swalwell finally serves Capitol riot lawsuit on Mo Brooks

Combination images of Reps. Mo Brooks and Eric Swalwell
Combination images of Reps. Mo Brooks and Eric Swalwell. Photo: Bill Clark/CQ Roll Call/Ting Shen/Bloomberg via Getty Images

Representatives of Rep. Eric Swalwell (D-Calif.) have finally served a lawsuit on Rep. Mo Brooks (R-Ala.) alleging that he and other pro-Trump allies bear responsibility for the Capitol riot, the Republican congressman said Sunday.

Why it matters: Swalwell had been trying since March to serve the suit on Brooks. Attorneys for the Democrat said last Wednesday they'd hired a private investigator to locate Brooks.

What he's saying: "Well, Swalwell FINALLY did his job, served complaint (on my WIFE)," Brooks tweeted.

  • He alleged that the Democratic lawmaker's team illegally trespassed in the process, "accosting my wife!" He didn't elaborate further, though he added: "More to come!"

The other side: Matthew Kaiser, an attorney for Swalwell, said Sunday evening that "a private investigator had left the papers with Brooks' wife at their home," per CNN.

  • Philip Andonian, another attorney for Swalwell, told CNN the allegation that the papers were served improperly was "untrue." Kaiser added he looked forward to "reading the papers" should Brooks contest the matter in court.
  • Representatives for Brooks and Swalwell could not immediately be reached.

The big picture: Swalwell's lawsuit has also been filed against former President Trump, Donald Trump Jr. and Rudy Giuliani over the Jan. 6 insurrection.

Editor's note: This article has been updated with comment from Swalwell's attorneys.

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