But when Swalwell’s legal team caught up with Brooks’s wife at his Alabama home this weekend, the lawmaker accused the Democrat’s “team” of breaking the law by trespassing.
“Well, Swalwell FINALLY did his job, served complaint,” he said in a tweet Sunday. “HORRIBLE Swalwell’s team committed a CRIME by unlawfully sneaking INTO MY HOUSE & accosting my wife!”
In an email, Brooks’s spokesman said the lawmaker had filed a complaint with police over the incident.
“Swalwell’s process server entered the Brooks’ home without Martha Brooks’ knowledge and without her consent,” spokesman Clay Mills told The Post, referring to Brooks’s wife. “Then he refused to leave when Mrs. Brooks demanded it. There is video proof. The Brooks’ filed a police report.”
Mills did not share a copy of the video or police report, nor did he address questions about the security of Brooks’s accounts after his tweet.
Swalwell’s office did not immediately return a message late on Sunday from The Post. His lawyers denied the trespassing allegations to CNN and said that a private investigator had followed proper legal procedures by handing papers to Brooks’s wife.
“No one entered or even attempted to enter the Brooks’ house,” lawyer Philip Andonian told CNN. “That allegation is completely untrue.”
Swalwell’s suit targets Brooks over a speech he gave on Jan. 6 at a “Save America” rally that drew hundreds of people, including many who went on to storm the U.S. Capitol building later that day. Brooks encouraged the crowd to “stop at the Capitol” and declared it the day that “American patriots start taking down names and kicking a--.”
On March 5, Swalwell sued Brooks for allegedly instigating violence on Jan. 6, along with former president Donald Trump, his personal attorney Rudolph W. Giuliani and his son Donald Trump Jr.
“The peaceful transfer of power is a sacrament of American democracy,” the complaint said. “Donald Trump, his son Donald Trump Jr., his advisor Rudy Giuliani, and Congressman Mo Brooks, together with many others, defiled that sacrament through a campaign of lies and incendiary rhetoric which led to the sacking of the United States Capitol on January 6, 2021.”
But Brooks has refused to waive service. Swalwell’s legal team said it had tried repeatedly to work out a time and place to serve the lawmaker, according to a request for an extension beyond a June 5 deadline to provide Brooks with a copy of the complaint.
According to Brooks, Swalwell’s lawyers had many chances to find him at public events and during votes on the House floor. But Swalwell’s lawyers said in court filings that reaching Brooks was “a difficult feat under normal circumstances that has been complicated further in the wake of the January 6” because of increased security following the insurrection.
Brooks has repeatedly mocked Swalwell for then hiring a private investigator to find him.
“I’m avoiding no one,” Brooks said in a tweet on Friday, saying he has had “dozens” of public appearances since the lawsuit was filed. “If Swalwell was sincere about suit service, he could have served me at any of these public events.”
On Sunday, Brooks suggested Swalwell’s investigator may have broken state law by entering his home without permission and refusing to leave.
“Alabama Code 13A-7-2: 1st degree criminal trespass,” he wrote on Twitter Sunday. “Year in jail. $6000 fine.”
But Swalwell’s attorney defended the team’s actions and suggested Brooks had forced them to find him at home by refusing to cooperate with attempts to make other arrangements.
“Instead of working things out like a civilized person, he engaged in a juvenile game of Twitter trolling over the past few days and continued to evade service,” Andonian told CNN. “He demanded that we serve him. We did just that.”