eric swalwell
Rep. Eric Swalwell (D-California) attends a hearing of the House Judiciary Committee on June 24, 2020.

Anna Moneymaker-Pool/Getty Images

  • Rep. Eric Swalwell is accusing a GOP congressman of evading being served with a lawsuit.
  • Swalwell is suing Rep. Mo Brooks and others for inciting the January 6 insurrection.
  • Swalwell's attorney told Punchbowl News that Brooks' avoidance is holding up the lawsuit.
  • See more stories on Insider's business page.

A Democratic congressman is accusing GOP Rep. Mo Brooks of ducking being served with a lawsuit over his role in the January 6 Capitol riots, Punchbowl News first reported on Friday.

Rep. Eric Swalwell of California, who served as an impeachment manager in the Senate trial for former President Donald Trump's second impeachment trial, is suing Trump, Donald Trump Jr., Brooks, and Rudy Giuliani for inciting the insurrection.

Swalwell's attorney Phillip Andonian told Punchbowl that they even hired a private investigator to try to pin down Brooks to serve him with the suit, but to no avail.

"We have been attempting to serve our complaint on Mo Brooks for more than a month," Andonian told Punchbowl News. "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."

Read more: Maj. Gen. William Walker sent help during the Capitol insurrection. Now in a new history-making role, he holds the key to keeping Congress safe and reopening it to the public.

Brooks was one of the most vocal House Republicans pushing false and unsubstantiated claims of voter fraud in the wake of the 2020 election, and helped lead the objection to Electoral College votes from states that voted for President Joe Biden.

"Today is the day American patriots start taking down names and kicking ass," Brooks told the crowd at a rally right before the riot.

However, Brooks denies that his conduct played any role in the riots. He has received Trump's endorsement for the GOP nomination in the open race to replace longtime Alabama Senator Richard Shelby, who is retiring in 2022.

Andonian said that since the other defendants have agreed to waive service, Brooks' refusal to be served is holding up the lawsuit from moving forward.

"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," he told Punchbowl.

Brooks isn't the only Trump ally accused of dodging being served with a suit surrounding the 2020 election.

Dominion Voting Systems said in a court filing that conspiracy-wielding lawyer Sidney Powell, who they are suing for defamation, dodged being served with their lawsuit for weeks, forcing them to hire private investigators and pursue her across state lines.

Dominion is suing Powell and other high-profile figures for publicly accusing Dominions' voting technology of being involved in a conspiracy to steal the election from Trump. The company is seeking billions of dollars in damages.

Read the original article on Business Insider