Rep. Eric Swalwell (D-California) is having difficulty serving his colleague Rep. Mo Brooks (R-Alabama) with a lawsuit which claims, among many things, that he broke anti-terrorism laws by inciting the January 6 riot. Swalwell, one of the House Impeachment managers, has been attempting to reach his colleague by phone, in-person at his office and has even hired a private investigator. No attempts have been successful. Swalwell’s attorney claims the investigator “has spent many hours over many days” since April searching for Brooks, “to no avail.”

Swalwell, as the plaintiff, typically has 90 days to serve the defendant, Brooks, a deadline which would have ended last Friday. Federal Judge Amit Mehta has awarded a 60-day extension to Swalwell. Still, Swalwell is being denied the opportunity to use the U.S. Marshals as a way to serve Brooks, with the judge citing “separation of powers concerns.”

Brooks is aware of the charges against him and has even taken to Twitter to defend his case, all while avoiding appearing in court.

Brooks gave an incendiary speech to rioters on January 6, before many of which stormed the Capitol. In his speech Brooks said to the crowd, “Today is the day American patriots start taking down names and kicking ass,” and later asked them if they were willing to fight. Brooks spoke in his defense on a radio show later. “No one at the rally interpreted my remarks to be anything other than what they were: A pep talk after the derriere-kicking conservatives suffered in the dismal 2020 elections,” he said.

Swalwell has also filed lawsuits against former President Donald Trump, Donald Trump Jr. and Trump’s former personal attorney and ex New York City Mayor Rudy Giuliani.

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