In a video obtained by Breitbart News from Rep. Mo Brooks’ (R-AL) office, a process server is shown entering the Brooks garage to serve the congressman’s wife a lawsuit brought by his colleague Rep. Eric Swalwell (D-CA) for allegedly inciting the January 6 incident on Capitol Hill.
The video shows the server speeding a car into the driveway of the Brooks’ home in Huntsville, AL, as Brooks’ wife Martha Brooks pulls her automobile into the garage on Sunday.
As the garage door opens, the process server exits his vehicle and enters the Brooks’ home through the open garage door.
The video appears to contradict what Swalwell lawyer Phil Andonian told CNN on Monday’s broadcast of New Day. He claimed it was a lawful service, which Brooks disputes.
Partial transcript as follows:
ANDONIAN: So here’s what I’ll say, because Mo Brooks is making it clear he’s challenging this and he’s flinging accusations around. I want to make it clear that the process server did not go into Brooks’ home, and the Brooks know that. But what I will say after months of trying to find this guy who had every opportunity to not allow it come to this, we finally were able to serve his wife in his house. It’s clear Mo Brooks is not happy about being served. It’s clear he’s not happy that his wife was served for him. But that’s how it happened.
I want to note that the context here matters. On Friday, a different process server left a note on their front door saying they had papers to deliver, and that they asked for a callback. Yesterday morning a different process server who was successful was in the front of the house in the morning and actually saw Mrs. Brooks driving by twice, apparently spotting him, even parking at the dead end of their street watching, and waiting, and then took off for a few hours. And she came back when she obviously thought the coast was clear, and that’s when he was able to serve her. It was a lawful service, and Mo Brooks is now in the case.
KEILAR: Was it on the property? Was on the sidewalk? Where did this happen?
ANDONIAN: I don’t want to get into to many details, again, because Mo Brooks has made it clear that —
KEILAR: He is going to challenge this. So let me ask you this,
because he tweeted, he said he was sending experts home security video to seek an arrest warrant and said — and he talks about the aide’s video is proof. So did the process server had video? I mean, should this all be cleared up?
ANDONIAN: Well, if Mo Brooks wants to make this an issue and he feels he has evidence that supports a crime was committed, and there was no crime, then, I assume he is going to file papers and we would be happy to respond to them in court.
Again, what I will say is Mo Brooks has made a pointed accusation that the process server went into their house. That did not happen. And Mrs. Brooks was lawfully served with the paperwork. Mo Brooks is now lawfully served and we look forward to him joining the other defendants in the suit.
Brooks argued the service was a violation of Alabama’s trespassing law, which, if true, make the service unlawful.
.@EricSwalwell Well, Swalwell FINALLY did his job, served complaint (on my WIFE).
HORRIBLE Swalwell’s team committed a CRIME by unlawfully sneaking INTO MY HOUSE & accosting my wife!
Alabama Code 13A-7-2: 1st degree criminal trespass. Year in jail. $6000 fine.
More to come! pic.twitter.com/XSrFnezDlC
— Mo Brooks (@RepMoBrooks) June 6, 2021
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