California Rep. Eric Swalwell has reportedly served Alabama Rep. Mo Brooks with a lawsuit for his alleged role in the Jan. 6th Capitol Riot but now the Democrat may be facing charges of his own. Due to increased security around the Capitol Swalwell’s attorneys had reportedly had trouble serving Brooks with the suit and instead allegedly broke into his Alabama home and served his wife the papers, violating local law.
Rep. Brooks says this battle is far from over and indicated in a Tweet he plans to press charges against Swalwell’s team.
.@EricSwalwell 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!
Alabama Code 13A-7-2: 1st degree criminal trespass. Year in jail. $6000 fine.
More to come! pic.twitter.com/XSrFnezDlC
— Mo Brooks (@RepMoBrooks) June 6, 2021
The Washington Examiner reports:
Plaintiffs initially had 90 days to get a response from Brooks by Saturday, and attorneys requested a U.S. marshal accompany them to serve the lawsuit “in light of [Brooks’s] ongoing refusal to waive service and the inherent difficulties of attempting service on a sitting Member of Congress,” according to Wednesday’s court filing.
A judge later granted the 60-day extension, though he did not approve the services of a U.S. marshal “due to separation of power concerns,” according to an electronic filing.
Attorneys for Swalwell have alleged that Brooks was aware of the litigation, and Brooks provided a statement to the Washington Examiner at the time the lawsuit made headlines.
“Socialist Eric Swalwell’s frivolous lawsuit is a meritless ploy by a man who betrayed his country by bedding a Communist Chinese spy while serving on the Intelligence Committee that hears America’s highest classified security secrets,” he said in an email March 5. “I make no apologies whatsoever for fighting for accurate and honest elections. In sum, I wear Communist-sympathizer Swalwell’s scurrilous and malicious lawsuit like a badge of courage.”
.@EricSwalwell team committed Criminal Trespass INSIDE Mo Brooks’ home. #CNN
Swalwell attorney Phillip Andonian denies agent’s crime. Agent’s video is PROOF! Release it!
Experts to download home security video tomorrow.
Arrest warrant to be sought.https://t.co/jkdPhQKK3M
— Mo Brooks (@RepMoBrooks) June 7, 2021
[Read Next: Swalwell’s Attorneys Find it Nearly Impossible to Serve GOP Congressman with Lawsuit]