Government

Alabama Congressman Mo Brooks Beats Chest For MAGA Rioters, Cowers In Fear Of Process Server

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Congressman Mo Brooks is no stranger to creative legal theories. The Alabama representative sued the Commerce Department in a recently dismissed case alleging that it was unconstitutional for the census to count non-citizens for the purpose of congressional allocation. And he even co-sponsored a bill purporting to abolish birthright citizenship.

Nonetheless, Brooks has been downright hostile to a lawsuit alleging that Brooks, Rudy Giuliani, and the Donald Trumps Junior and Senior conspired to violate his civil rights by ginning up a mob to stop Democratic Congressman Eric Swalwell from carrying out his official duty to certify the presidential election on January 6.

But Brooks has a secret weapon, and it is HIDING. That’s right, the esteemed congressman and senatorial hopeful has been ducking Swalwell’s process server in hopes that he can make this whole unpleasant business go away if he just locks himself in a closet until that mean man with the papers gives up and leaves.

Giuliani and the the former president are no stranger to this gambit themselves. Ol’ Rudy tried to outsmart Dominion Voting Systems’ lawsuit by evading process, and Trump used White House security to duck service in E. Jean Carroll’s defamation suit. But eventually they both tapped out, and by the time Swalwell’s lawyers came knocking, they’d agreed it was less embarrassing for everyone if they didn’t try to bob and weave like a deadbeat dad trying to get out of paying child support.

But while his codefendants have decided to act like normal adults and waive process, Brooks’ staffers have successfully shielded their boss from service, responding to phone and email messages from Swalwell’s lawyer Philip Andonian with promises to get back to him never. This despite Andonian’s reminder on April 21 that, “Absent a showing of ‘good cause’ – which does not include a belief that the lawsuit lacks merit or is in the wrong venue, or that the district court lacks jurisdiction – Mr. Brooks will be liable for all costs associated with formal service if he elects not to sign and return the attached waiver form.”

Swalwell, who has gone so far as to hire a private investigator who spent April and May fruitlessly trying to effect service on Brooks, asked the court to extend the 90-day deadline for service and also to allow the U.S. Marshals Service to track down the elusive Mr. Brooks.

But while U.S. District Judge Amit Mehta was amenable to extending the deadline for service, he wasn’t ready to send in the marshals, citing “separation of powers concerns” in a minute order yesterday.

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Giuliani and the Trumps have already filed motions to dismiss and could be done with this whole business before Brooks quits jackassing around and accepts service. But surely the congressman, proud 1978 Juris Doctor recipient from the University of Alabama Law School, knows what he’s doing. He can’t just be a total moron, right?

Right?

Swalwell v. Trump [Docket via Court Listener]

Elizabeth Dye lives in Baltimore where she writes about law and politics.

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