This pro-Trump lawmaker is refusing to be served in Capitol riots lawsuit

An attorney representing Rep. Eric Swalwell (D-Calif.) recently discussed the difficulties he and his client have been facing in trying to have Rep. Mo Brooks (R-Ala.) served in a lawsuit stemming from the Jan. 6 insurrection on the U.S. Capitol.

According to Axios, Swalwell's lawsuit names former President Donald Trump, his son Donald Trump Jr., his personal attorney Rudy Giuliani, and a number of lawmakers who he believes are "responsible for the injury and destruction" that erupted at the U.S. Capitol when the mob of angry Trump supporters stormed the building.

Brooks' name was included in the lawsuit due to his rhetoric at the pro-Trump rally that took place right before the crowd marched to the federal building. At the time, Brooks told the crowd: "Now is the time to start taking down names and kicking ass!"

The House Republican lawmaker, who has now entered the Senate race in hopes of replacing a retiring Sen. Richard Shelby (R-Ala.), has denied allegations of wrongdoing. In addition to the denial, Brooks is also said to be making a great effort to avoid being served.

According to Swalwell's attorney, Philip Andonian, Brooks has been avoiding being served for over a month now. "We have been attempting to serve our complaint on Mo Brooks for more than a month," Swalwell said.

He added, "I talked to staffers in his D.C. office who promised a response from someone, which never came. I sent the complaint and a waiver of service form in a detailed email to his chief of staff and counsel, which to date remains unanswered."

He went on to share his interpretation of Brooks' actions compared to the other politicians named in the suit.

"The other defendants in the case — including Donald Trump — have all agreed to waive service in the interest of getting to the merits of the case. It seems clear that Brooks is choosing to make a political stunt out of a part of the process that essentially is a formality, which is unfortunate. Although not surprising."