Brooks said in a statement that he is not avoiding trial and suggested that the California Democrat could have handed him the trial during a House vote or he could have been found in a public appearance. He also criticized Swellwell’s failed request to use federal marshals to serve the trial, which a judge said would not be allowed this week because of separation of powers.
“I’m not shying away from anyone. I haven’t made a single change in my conduct since Swellwell filed a politically motivated, unqualified lawsuit,” Brooks said Thursday through a spokesperson.
Serving a congressman on the floor of the House can be difficult because Svalwell himself is not able to do so under federal regulations, and it is possible that the sergeant at arms would have to allow for a process server. And the halls of Congress, as Swellwell’s filing claimed Wednesday, are not accessible because of security.
Finding Brooks in person is one way to get him served, but it’s not the only way. It is also possible for Brooks to have his staff or his attorney help him accept the lawsuit, but he hasn’t.
Brooks’ response comes as Swellwell’s attorneys asked for additional time to file a lawsuit against Brooks in a court on Wednesday.
After Swellwell was sued in March, his lawyers tried to reach out to Alabama Republicans via calls to the Congressional Office and formally send him a letter to provide notice, a necessary step in this type of court proceeding. was.
When they couldn’t sue for Brooks, the Swellwell legal team hired a private investigator to find him—only to be partially interrupted by visitor lockdowns around the US Capitol complex in April and May, which Congress was kept for. ‘ Security after the siege, according to their filing Wednesday. After the Swellwell team called Brooks’ staff members, they also emailed, and did not receive a response.
“Plaintiff had to engage the services of a private investigator to attempt to personally serve Brooks – a difficult feat under normal circumstances that has been further complicated in the wake of the January 6 uprising at the Capitol, which the defendant instigated ,” continues the filing in Swellwell’s court. “Plaintiff’s investigator has spent several hours over several days in April and May in multiple jurisdictions attempting to locate and serve Brooks, but to no avail.”
Brooks’ co-defendants, including former President Donald Trump, had attorneys who accepted the lawsuit for each of them.
Trump has already argued in court that he cannot be held liable for the rebellion.
In the suit, Swellwell alleges that Trump, his son Donald Trump Jr., Trump’s former attorney Rudy Giuliani, and Brooks broke laws including the Washington, D.C., Anti-Terrorism Act by inciting riots, and that they aided and abetted violent rioters and Congress. inflicted emotional distress on the members of
Swellwell claims that the four men inspired an attack on Congress with their repeated public claims of voter fraud, their encouragement that supporters go to Washington on January 6, and in their speeches that day. The lawsuit alleges that each person told the crowd that Joe Biden’s electoral certification in Congress could be blocked, and that Trump’s supporters should fight.
Speaking at a pro-Trump rally on January 6, Brooks said, “Today is the day that American patriots start taking names and kicking ass.” He then asked the rally attendees if they were ready to fight.
Brooks has denied responsibility for the riots, calling Swellwell’s trial an “unqualified move” and told a radio show host the day after the attack that he had “absolutely” no remorse. He later said in a statement, “No one interpreted my comments at the rally as anything else for what they were: a loud talk after derriere-kicking conservatives in a disappointing 2020 election.”