Rep. Eric Swalwell, who has filed a federal lawsuit against a number of people over the January 6 takeover of the Capitol, is having trouble serving his colleague Rep. Mo Brooks:
Rep Eric Swalwell (D-CA) filed suit against Donald Trump, Rudy Giuliani & Rep Mo Brooks (R-AL) alleging they helped incite insurrection
But there's a hurdle in suing Rep. Brooks …
Brooks appears to be avoiding the attempt to serve him
(Thread) pic.twitter.com/6tmr4rlC0V
— Scott MacFarlane (@MacFarlaneNews) June 3, 2021
Swalwell asked the court to order a U.S. Marshal to serve Brooks the papers, but the court refused citing separation of powers concerns:
A newly filed legal motion by Swalwell alleges "inherent difficulties of attempting service on a sitting Member of Congress" .. and asks the court to order a US Marshal to serve it
Court has just said NO, citing separation of powers
(more) pic.twitter.com/ideSzOlugX
— Scott MacFarlane (@MacFarlaneNews) June 3, 2021
So then Swalwell hired a private investigator:
Rep Swalwell's motion says Trump & Giuliani waived their rights to be served, but Rep Brooks won't
Swalwell's attorney says calls were made to two different Brooks' staffers, but a "promised" return call didn't come
So he did something else…. pic.twitter.com/DQbJWIYAto
— Scott MacFarlane (@MacFarlaneNews) June 3, 2021
But that failed, too:
Swalwell's lawyer says he hired private investigator to do it. But he says investigator is being stymied by Jan 6 restrictions, including limits on Hill visitors
The P.I. spent "many hours over many days" trying to locate Brooks in April & May, but failed
So court adjusted.. pic.twitter.com/jiWtSAPfOH
— Scott MacFarlane (@MacFarlaneNews) June 3, 2021
The court did grant Swalweel a 60-day extension:
Court has granted Swalwell a 60-day extension to serve Rep. Mo Brooks with lawsuit
He has more time to get the papers in the hands of his fellow US House member…..
— Scott MacFarlane (@MacFarlaneNews) June 3, 2021
What a clown show.
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