Rep. Mo Brooks requests dismissal of lawsuit against him since he was acting as a federal employee

Alabama House member Mo Brooks requested dismissal in a lawsuit against him and others, citing his actions of questioning the 2020 election results were within his duties as a federal employee.

California House member Eric Swalwell (D) filed a lawsuit in March against former President Donald Trump, Donald Trump Jr., former Trump attorney Rudy Giuliani, and Alabama House member Mo Brooks (R) for allegedly inciting the Capitol Riot. Swalwell alleged that the speech Brooks gave minutes before the riot began caused it, despite findings from the FBI that the riot was planned. Brooks argued that he was acting in representation of his constituents by objecting to the certification of the election results.

On Monday, July 5, U.S. District Judge Amit Mehta requested the Department of Justice and Swalwell to respond to Brooks’ claims. They have until July 27 to respond. In addition, Swalwell’s team submitted a motion for Brooks to be served with a default judgement since Brooks was allegedly an “unresponsive party”. This motion was rejected by Mehta.

In June a member of Swalwell’s team allegedly entered Brooks’ home to serve him with the lawsuit. Brooks claimed that the man entered his home unlawfully and exchanged harsh words with his wife. They took legal action and there is a warrant for the individual’s arrest if they enter Madison County, which is where the event occurred. 



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