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HUNTSVILLE, Ala. – California congressman Eric Swalwell filed a motion on Wednesday asking the United States District Court in Washington, DC to rule against congressman Mo Brooks in a lawsuit filed in May.

Swalwell’s lawsuit seeks to hold congressman Brooks responsible for his alleged role in the January 6th insurrection on the U.S. Capitol. Swalwell claims Brooks incited the riot in a speech he gave at a rally just minutes before the storming of the Capitol building.

In the motion filed Wednesday, Swalwell claims Brooks missed the June 27th deadline to respond to the lawsuit. Other defendants in the suit, including former President Donald Trump, Donald Trump Jr., and Rudy Giuliani, have responded, according to the motion.

Swalwell says because Brooks missed the deadline to respond, the court should issue a default judgement against him the case.

Brooks argues the lawsuit was served illegally because the process server entered the garage of his Huntsville home to deliver the summons to Brooks’ wife. Brooks and his wife filed a report with Huntsville Police and swore out an arrest warrant for the process server. Because the alleged crime was a misdemeanor, the Madison County District Attorney’s office said the process server would not be extradited, but he could be arrested if he’s even in Madison County.

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A representative from Brooks’ office said the response was filed before the deadline and the confusion may have arisen from delays in getting the paperwork posted online.

“Congressman Brooks filed his response to Eric Swalwell’s meritless lawsuit before the deadline. Our office was assured by court clerks that Mr. Brooks’ response was timely and in order this morning. Any confusion regarding the timeliness of Congressman Brooks’ response likely arises from the court having not yet processed the response and posted it online.”

Clay Mills, Communications Director for Congressman Brooks