It was reported yesterday that attorneys for U.S. Rep Eric Swalwell (D-CA) have been unable to locate U.S. Rep Mo Brooks (R-AL) despite hiring a private investigator in an attempt to serve him the lawsuit that he filed in regards to Jan. 6.
The investigators have failed, despite spending “many hours over many days” on the hunt, according to a new court filing.
U.S. House Rep Marjorie Taylor Greene (R-GA) shared an article on the situation from Fox News in a tweet where she tagged Swalwell and mocked the news. Greene said, “I hear your attorneys can’t find @MoBrooks to serve him with your frivolous lawsuit.”
“Perhaps you should call Fang Fang. She seems to be a professional at finding men in power. As a Chinese spy, she found you,” Greene added.
.@ericswalwell I hear your attorneys can’t find @MoBrooks to serve him with your frivolous lawsuit.— Marjorie Taylor Greene 🇺🇸 (@mtgreenee) June 4, 2021
Perhaps you should call Fang Fang.
She seems to be a professional at finding men in power.
As a Chinese spy, she found you. https://t.co/Y1FvjRo6jJ
According to the report, this week Swalwell’s attorneys were successful in getting more time to officially serve Brooks with the lawsuit papers after asking for more time, given the ongoing difficulties they’ve had in contacting him.
Brooks denied that he was attempting to evade the lawsuit and a statement where he listed out three points which he began by saying, “Under the law, it is the plaintiff’s job to serve a lawsuit on a defendant, not the other way around. It is not a defendant’s job to alter his conduct and go out of his way to seek out suit service.”
Swalwell retweeted a report on the situation to his Twitter account and received positive responses from his supporters.
NBC & MSNBC legal contributor Katie S. Phang said of Brooks, “Evading service of process. What a coward.”
Evading service of process. What a coward.— Katie S. Phang (@KatiePhang) June 3, 2021
TV producer and author Melissa Jo Peltier told Swalwell, “Damn, @ericswalwell …you are a true fighter. Keep going!”
Damn, @ericswalwell …you are a true fighter. Keep going!— Melissa Jo Peltier (@MelissaJPeltier) June 3, 2021
In his statement, Brooks added that, for his part, that he is “avoiding no one” and has not “altered” his “conduct not one iota since Swalwell’s politically motivated, meritless lawsuit was filed.”
Brooks continued, “I have made dozens of publicized 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.”
“Swalwell is wrong (perhaps to the point of being illegal) to seek to use federal property and federal employees (my staff) for his personal and political gain, which is what his lawsuit is about,” Brooks concluded, charging that “Swalwell, with the Fake News media’s partisan help, uses the lawsuit to get political publicity for himself.”
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