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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."

Go deeper

Judge sanctions Sidney Powell and other Trump campaign lawyers over failed lawsuit

Attorney Sidney Powell speaking during a news conference in Washington, D.C, in November 2020. Photo: Sarah Silbiger for the Washington Post via Getty Images

A federal judge on Wednesday sanctioned attorneys — including Sidney Powell, an ex-campaign lawyer for former President Trump who spread baseless conspiracy theories — over an unsuccessful lawsuit that attempted to overturn Michigan’s 2020 election results.

Why it matters: U.S. District Judge Linda Parker formally requested a disciplinary body to investigate whether Powell and the other pro-Trump lawyers, including Lin Wood, should be disbarred for filing the lawsuit, which she said "abused the well-established rules applicable to the litigation process by proffering claims not backed by law."

Tina Reed, author of Vitals
2 hours ago - Health

Gottlieb: CDC hampered U.S. response to COVID

Illustration: Shoshana Gordon/Axios

The CDC moved too slowly at several points in the coronavirus pandemic, ultimately hindering the U.S. response, former FDA Commissioner Scott Gottlieb writes in a new book, Uncontrolled Spread.

The big picture: The book argues that American intelligence agencies should have a much bigger role in pandemic preparedness, even if that's sometimes at the expense of public health agencies like the CDC.

911's digital makeover

Illustration: Annelise Capossela/Axios

A next-generation 911 would allow the nation's 6,000 911 centers to accept texts, videos and photos.

The big picture: U.S. emergency communications have remained stubbornly analog, but Congress is about to take another run at dragging 911 into the digital age.

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