Democratic California Rep. Eric Swalwell’s attorneys are reportedly having trouble serving a lawsuit to Republican Alabama Rep. Mo Brooks accusing him of helping incite the Jan. 6 Capitol riot, according to a new court filing.
The attorneys asked a judge for additional time to serve the complaint Wednesday, according to The Hill, also requesting that a U.S. Marshal or other official serve the complaint due to issues finding Brooks, in addition to “recovery of costs associated” with trying to serve the suit.
The suit was first filed in March against Brooks, as well as former President Donald Trump and former New York City Mayor Rudy Giuliani and accused them of provoking the Capitol Hill riot.
— Reed Galen (@reedgalen) June 3, 2021
In the 9-page motion filed by Swalwell’s attorneys, they asked for a 60-day extension, telling the judge that it was necessary “in light of [Brooks’] ongoing refusal to waive service and the inherent difficulties of attempting service on a sitting member of congress.”
The motion claimed that Swalwell’s counsel had reached out to Brooks’ office on two separate occasions with no response, before reaching out via email with a formal waiver request.
Swalwell’s attorneys allegedly hired a private investigator to find out where Brooks was so they could serve the suit, according to the motion, calling it a “difficult feat under normal circumstances.” (RELATED: ‘You Don’t Tell Me What To F**king Do!’: Eric Swalwell Rebuffs Marjorie Taylor Greene Aide For Telling Him He Can Ditch His Mask)
Attorneys for Rep. Eric Swalwell say they’ve hired a private investigator to search for Rep. Mo Brooks in order to serve a lawsuit over Jan. 6. https://t.co/cKFTIPktNy
— Axios (@axios) June 3, 2021
“Plaintiff’s investigator has spent many hours over many days in April and May at locations in multiple jurisdictions attempting to locate and serve Brooks, to no avail,” the motion read.
A bill to create a commission to investigate the events on Jan. 6 was killed following a Republican filibuster against the bill.