Rep. Mo Brooks, R-Ala., has reportedly filed a motion to be dismissed from a lawsuit brought against him by Rep. Eric Swalwell, D-Calif., over the conservative lawmaker’s fiery speech before the Jan. 6 attack on the U.S. Capitol.
In court documents filed Friday, Brooks argued the “Stop The Steal” rally speech that day was done within "the scope of his office" as a congressman, The Hill reported.
In the documents, Brooks' lawyer argued those duties include "making speeches [on the House floor and in public] on public policy issues, current events, American history, American civics, election events and issues, and the like,” The Hill reported.
He also argued tweets Swalwell cited in his lawsuit fell under his official duties because they were made on his official congressional government account on congressional devices and were drafted by congressional staffers.
In five tweets cited by Swalwell's team, Brooks appeared to cast doubt on the legitimacy of President Joe Biden’s election victory, writing, "I'm going to be very hesitant to certify the results of this election if Joe Biden is declared the winner under these circumstances b/c I lack faith that this was an honest election."
Judge Amit P. Mehta for the U.S. District Court for the District of Columbia on Monday ordered Swalwell to respond to Brooks' claim by July 27, The Hill reported.
Mehta also rejected a motion from Swalwell's team for a “default judgment" to be made against Brooks for being an "unresponsive party.”
Swalwell, who served as a House manager in Donald Trump’s last impeachment trial, filed a lawsuit in March against the former president and others, including Brooks, whose actions he charges led to the Jan. 6 Capitol attack.
Brooks has come under fire for telling the pro-Trump rally that preceded the Capitol riot that, “today is the day American patriots start taking down names and kicking ass.”
Brooks has maintained his words were intended to fire up the crowd for the next election cycle but were misconstrued as advocating the violence that ensued.
Swalwell had indicated in an earlier court filing that he was having trouble serving the lawsuit papers to Brooks. The process server Christian Seklecki wrote in a court affidavit that he walked into the open garage and put the papers at the feet of Brooks' wife. She then yelled at him to leave, he wrote.
Brooks wrote in the fundraising email that “Martha was terrified when she looked up and saw this crazed man, two feet from her with a camera in her face.” The video appears to show Seklecki walk into the garage and then get chased out by Martha Brooks.
Brooks filed a police complaint over the incident. Philip Andonian, Swalwell’s lawyer, told news outlets that the service was legal.
Also named as defendants in the lawsuit are former President Donald Trump, his son Donald Trump Jr. and his personal attorney Rudy Giuliani.
The Associated Press contributed to this report.
Fran Beyer ✉
Fran Beyer is a writer with Newsmax and covers national politics.
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