Politics - News Analysis

After Spending Months Dodging Service of Swalwell’s Lawsuit: Mo Brooks Says Swalwell Should ‘Be a Man About It!’

Representative Eric Swalwell, a Democrat from California had a brilliant idea in early January. He would force the people who incited the crowd on January 6th to respond to their behavior. Swalwell filed a lawsuit against them for various intentional actions, including intentional infliction of emotional distress. That sounds quite viable to us. Swalwell sued Congressman Mo Brooks, among others.

But a lawsuit doesn’t really start until the defendant is personally served with the complaint already filed in court. Two rules regarding service clashed that made serving Mo Brooks pretty difficult and Brooks made it even more difficult by playing hide and seek with the process servers.

A plaintiff cannot personally serve a defendant. Service requires an oath by the person who served the lawsuit. A plaintiff could lie and win the suit by the defendant’s default. So Swalwell couldn’t serve Brooks on the House floor. Second, with the Capitol locked down, process servers couldn’t wait outside the House door and simply hand it to Brooks.

Thus, those process servers had a tough time. But over the weekend one eventually saw Brooks’ wife pull up to their home. Service can be done by handing the document to an adult who resides with the defendant. The server ran to hand the lawsuit to Brooks’ wife. Brooks claimed the server trespassed by going “into” his home. He wanted Swalwell charged with trespassing, which is weird since Swalwell wasn’t in Alabama.

Regardless, on Tuesday, a security camera video was released that practically proved that the process server did not enter Brooks’ home. Brooks lied. One would think that Brooks would be embarrassed enough, but no, not Mo Brooks:

Either Mo Brooks doesn’t know Swalwell couldn’t personally serve him, didn’t care, wanted to make the accusation or all the above. But it is just precious seeing Brooks, master of the game “hide and seek,” say that Swalwell needs to man up!

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Brooks does need to be man and talk about what happened on January 6th and admit what happened as he incited the crowd.
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Peace, y’all
Jason
[email protected] and on Twitter @JasonMiciak

 

meet the author

Jason Miciak is a political writer, features writer, author, and attorney. He is originally from Canada but grew up in the Pacific Northwest. He now enjoys life as a single dad, writing from the beaches of the Gulf Coast, getting advice from his beloved daughter and teammate. He is very much the dreamy mystic that cannot add and loves dogs more than most people. He also likes studying cooking, theoretical physics, cosmology, and quantum mechanics. He likes pizza.

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