Representative Mo Brooks, R-Ala., was served with a lawsuit filed by fellow Rep. Eric Swalwell, D-Calif., over the weekend, a suit that alleges Brooks had a role in inciting the insurrection at the U.S. Capitol on Jan. 6.
But Brooks says the documents were served illegally, alleging that Rep. Swalwell’s process server unlawfully entered his Alabama home against the consent of his wife.
“Well, Swalwell FINALLY did his job, served complaint (on my WIFE),” Brooks wrote on Twitter on Sunday. HORRIBLE Swalwell’s team committed a CRIME by unlawfully sneaking INTO MY HOUSE & accosting my wife!”
Brooks went on to say that he would be seeking an arrest warrant against the process server.
A spokesman for the congressman confirmed to Spectrum News that Brooks had filed a police report, also alleging that there was video evidence of the incident.
“Swalwell’s process server entered the Brooks’ home without Martha Brooks’ knowledge and without her consent. Then he refused to leave immediately when Mrs. Brooks demanded it. There is video proof,” Clay Mills, Rep. Brooks’ communications director, said in an emailed statement.
“A police report was filed with the Huntsville Police Department,” Mills added. “We don’t yet have a copy of the report.”
A Huntsville Police Department spokesman confirmed to Spectrum News officers did "respond early Sunday afternoon to the Brooks’ residence," adding that a "criminal trespass report was filed."
"Criminal trespass 3rd is a misdemeanor charge," Lt. Jesse Sumlin, Huntsville Police Department public information officer, wrote in an email. "For a warrant to be sworn out in this case, the victim would need to meet with a magistrate and present the facts. It would be left up to a magistrate to decide if a warrant should be issued for the person’s arrest."
In an interview on Monday with Alabama radio station WBHP, Mrs. Brooks alleged that the unidentified process server entered her garage without her permission after she returned home from church around 12:00 p.m. on Sunday.
“Finally, he put the papers on the floor and he said I am leaving the papers here, you are hereby served, Mo Brooks,” she said.
Philip Andonian, a lawyer for Rep. Swalwell, denied Mrs. Brooks’ allegations in an interview on CNN, saying in part: "No one entered or even attempted to enter the Brooks' house. That allegation is completely untrue. A process server lawfully served the papers on Mo Brooks' wife, as the federal rules allow.”
Spectrum News has reached out to representatives for Swalwell for comment.
Swalwell’s lawsuit against Brooks concerns the GOP congressman’s remarks after the November presidential elections, and both leading up to and on the day of the January insurrection on Capitol Hill.
The California Democrat, who was one of the House impeachment managers at Trump’s impeachment trial in February, filed the lawsuit in early March in U.S. District Court for the District of Columbia. It names Trump; his son, Donald Trump Jr.; Rep. Mo Brooks; and Rudy Giuliani, Trump’s personal attorney, as defendants.
Swalwell’s lawsuit accuses the defendants of violating civil rights laws, including conspiracy to interfere with Congress’ official duties; negligence; bias-related crimes regarding inciting a riot and terrorism; infliction of emotional distress; and aiding and abetting assault.
The congressman alleges that Trump’s repeated lies about fraud in the presidential election, his invitation to supporters to attend a rally in Washington on the day Congress voted on certifying Joe Biden’s victory and his rhetoric at that rally incited the mob to storm the Capitol.
Swalwell also accuses Trump Jr., Brooks and Giuliani of spreading disinformation about election fraud and inciting the crowd in their own speeches Jan. 6.
In the months since filing the lawsuit, Swalwell’s team had accused Brooks of actively avoiding attempts to contact him to notify the congressman that he was being sued, with Swalwell going so far as to reportedly hire a private investigator to track down the representative, per CNN.
Brooks denied those allegations, even taunting his fellow lawmaker on social media about his whereabouts. In another tweet, Brooks said he is “avoiding no one,” adding: “I have altered my conduct not one iota since Swalwell's politically motivated lawsuit was filed. I have made dozens of publicized public appearances. If Swalwell was sincere about suit service, he could have served me at any of these public events.”
In a previous statement emailed to Spectrum News after the lawsuit was filed in March, Brooks called the suit "frivolous" and said he would wear the "scurrilous and malicious lawsuit like a badge of courage.”
“I make no apologies whatsoever for fighting for accurate and honest elections," Brooks said.
“Under no circumstances will Swalwell ... stop me from fighting for America," the congressman added.
Swalwell is not the only lawmaker to file a suit against former president Trump and his allies for their alleged role in the January violence on Capitol Hill.
In February, Rep. Bennie Thompson, D-Miss., the chairman of the House Homeland Security Committee, filed a federal lawsuit also accusing Trump of inciting the insurrection at the Capitol, which resulted in five deaths, and conspiring with Giuliani and extremist groups to try to prevent Congress from certifying Biden’s win.
Unlike Thompson’s lawsuit — filed against Trump, Giuliani and some far-right extremist groups whose members are alleged to have participated in the insurrection — Swalwell’s did not specify whether he was filing in his personal capacity or official, which would require additional approvals from the House and involve House attorneys.
Both lawsuits cite a federal civil rights law that was enacted to counter the Ku Klux Klan's intimidation of officials. Swalwell's attorney Philip Andonian praised Thompson’s lawsuit filed under a Reconstruction-era law called the Ku Klux Klan Act, and said they were behind it 100%, but also saw the need for this one, too.
“We see ourselves as having a different angle to this, holding Trump accountable for the incitement, the disinformation,” he said.
Spectrum News' Ryan Chatelain contributed to this report.
The Associated Press contributed to this report.