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Mo Brooks gets subpoena, claims trespass

Democratic Rep. Eric Swalwell has sued Brooks and three others over their involvement in the Jan. 6 U.S. Capitol riot.

Rep. Mo Brooks, R-Ala., looks on in the House Chamber after they reconvened for arguments over the objection of certifying Arizona’s Electoral College votes in November’s election, at the Capitol in Washington, Wednesday, Jan. 6, 2021. (Greg Nash/Pool via AP)

Rep. Mo Brooks finally received his subpoena in a lawsuit filed by a fellow congressman against Brooks and three others for their roles in the Jan. 6 U.S. Capitol riots. Brooks immediately responded to the subpoena service by accusing Democratic Rep. Eric Swalwell’s “team” of committing criminal trespassing by serving Brooks’ wife in their home. 

“HORRIBLE Swalwell’s team committed a CRIME by unlawfully sneaking INTO MY HOUSE & accosting my wife!” Brooks wrote. 

Brooks made his allegations on Twitter and accompanied the allegations with a picture of his computer monitor showing Alabama statutes for criminal trespassing. 

In his original tweet, Brooks also captured the bottom of his monitor, where a piece of paper with account names, a password and pin numbers was affixed. Brooks quickly deleted that tweet and cropped out the information on a subsequent photo. 

Swalwell has attempted to serve Brooks with a subpoena for several months. The other three defendants in the case — former President Donald Trump, his son Don Jr. and the former president’s attorney Rudy Giuliani — long ago waived service and have submitted documents in the case. 

Brooks, however, has been ducking service and ignoring attempts by Swalwell to give him a subpoena. Last week, Swalwell was granted another 60 days by a federal judge to serve Brooks. 

In his lawsuit, Swalwell claims Brooks, Trump, Trump Jr., and Giuliani incited the riot that led to the attempted insurrection at the U.S. Capitol. Swalwell and a number of his congressional colleagues and their staffs were trapped in the House chambers for several minutes, barricaded inside, as rioters roamed the Capitol and shots were fired. Swalwell claims in his lawsuit that incident inflicted emotional distress that he can prove. 

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Brooks has been one of the primary figures in the Jan. 6 riots from the start, thanks to his vitriolic rally speech earlier in the day, his insistence on spreading obvious lies about election fraud in the weeks before the riots and his alleged assistance in planning the rally and march to the Capitol that led to the riots.

Josh Moon is an investigative reporter and featured columnist at the Alabama Political Reporter with years of political reporting experience in Alabama. You can email him at [email protected] or follow him on Twitter.

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