On Sunday, the Alabama congressman shared details of his meeting with the process server on Twitter.
He alleges that not only was he served, but that his wife was also “accosted” by the process server.
Brooks’ home surveillance camera footage has now been shared as well.
Brooks’ wife, Martha, can be seen coming into the driveway and turning right into what seems to be a garage in the one-minute video released to TPM by Brooks’ office.
Another automobile immediately approaches her, the process server hurriedly exiting the still-running vehicle, documents in one hand and a smartphone in the other.
Swalwell’s lawyer Phil Andonian released a statement arguing that the footage speaks for itself and shows “no truth” to Brooks’ claims.
“The video shows that there was no truth to Mo Brooks’ claim that the process server went into their house —as we have maintained all along,” Andonian stated. “The video also shows that the papers were validly served. If Brooks wants to challenge service in court, he is free to do so, and we’ll look forward to getting his motion and taking it up with the judge.”
He added, “I have absolutely no doubt that it was an unpleasant experience for Mrs. Brooks, as I can imagine it would be for anybody. It’s not something we wanted to have happen.”
“Well, Swalwell FINALLY did his job, served complaint,” he said in a tweet on Sunday. “HORRIBLE Swalwell’s team committed a CRIME by unlawfully sneaking INTO MY HOUSE & accosting my wife!”
A photo Brooks tweeted of his computer screen showing Alabama’s trespassing statute also displayed a piece of paper with what appeared to be a PIN number and a Gmail account password, as Twitter users quickly pointed out.
Many have claimed that President Donald Trump’s actions on January 6 amounted to a coup attempt.
Rep. Eric Swalwell is suing Trump for the unrest on January 6, arguing that he is inciting future political violence.
Brooks’ spokeswoman said in an email that the legislator had filed a police report about the event.
“Swalwell’s process server entered the Brooks’ home without Martha Brooks’ knowledge and without her consent,” spokesman Clay Mills stated. “Then he refused to leave when Mrs. Brooks demanded it. There is video proof. The Brooks’ filed a police report.”
After Brooks’ tweet, Mills did not disclose a copy of the video or the police report, nor did he respond to inquiries regarding the security of Brooks’ accounts.
Swalwell’s lawyers have stated that a private investigator had followed correct legal processes while giving papers to Brooks’ wife, denying the trespassing charges.
“No one entered or even attempted to enter the Brooks’ house,” lawyer Philip Andonian said. “That allegation is completely untrue.”
Swalwell’s suit targets Brooks over a speech that he gave back on Jan. 6 at Trump’s “Save America” rally that included attendees who went on to storm the U.S. Capitol building later that day. Brooks encouraged the crowd to “stop at the Capitol” and went on to declare it the day that “American patriots start taking down names and kicking a–.”
Swalwell sued Brooks, former President Donald Trump, his personal attorney Rudolph W. Giuliani, and his son Donald Trump Jr. on March 5 for allegedly encouraging violence on Jan. 6.
“The peaceful transfer of power is a sacrament of American democracy,” the complaint said. “Donald Trump, his son Donald Trump Jr., his advisor Rudy Giuliani, and Congressman Mo Brooks, together with many others, defiled that sacrament through a campaign of lies and incendiary rhetoric which led to the sacking of the United States Capitol on January 6, 2021.”
According to court documents, the other defendants waived service and have already filed motions to dismiss the complaint, claiming that they did not provoke the disturbance and that their conduct that day was protected free speech.
Brooks, on the other hand, has declined to serve. According to a request for an extension beyond the June 5 deadline to give Brooks a copy of the complaint, Swalwell’s legal team stated it has tried multiple times to work out a time and place to serve the congressman.
Swalwell’s lawyers said in court filings that reaching Brooks was “a difficult feat under normal circumstances that has been complicated further in the wake of the January 6” because of increased security following the insurrection.
Swalwell then hired a private detective to track him down, according to Brooks. A move that Brooks repeatedly mocked.
“I’m avoiding no one,” Brooks said in a tweet on Friday. He added that he has had “dozens” of public appearances since the lawsuit was filed. “If Swalwell was sincere about suit service, he could have served me at any of these public events.”
Brooks suggested on Sunday that Swalwell’s investigator may have broken state law by entering his home without permission and refusing to leave.
“Alabama Code 13A-7-2: 1st degree criminal trespass,” he wrote on Twitter Sunday. “Year in jail. $6000 fine.”
Swalwell’s lawyer, on the other hand, supported the team’s actions, claiming that Brooks drove them to track him down at home by refusing to cooperate with prior attempts to make other arrangements.
“Instead of working things out like a civilized person, he engaged in a juvenile game of Twitter trolling over the past few days and continued to evade service,” Andonian stated. “He demanded that we serve him. We did just that.”