Rep. Mo Brooks (R-AL) has refused to be served in a lawsuit over his role in inciting the Jan. 6 attack on the U.S. Capitol, according to an attorney for Rep. Eric Swalwell (D-CA).
The California Democrat has sued President Donald Trump, Donald Trump Jr. and Rudy Giuliani for their own roles in the Capitol insurrection, and the complaint also alleges that Brooks incited the riot with his speech ahead of the violent assault on the democratic process, reported Axios.
"We have been attempting to serve our complaint on Mo Brooks for more than a month," Swalwell attorney Philip Andonian told Punchbowl News.
Brooks is running to replace retiring Sen. Richard Shelby (R-AL) and has been endorsed by the twice-impeached one-term president, who has voluntarily waived service and entered the lawsuit.
"I talked to staffers in [Brooks'] D.C. office who promised a response from someone, which never came," Andonian said. "I sent the complaint and a waiver of service form in a detailed email to his chief of staff and counsel, which to date remains unanswered."
"The other defendants in the case — including Donald Trump — have all agreed to waive service in the interest of getting to the merits of the case," the attorney added. "It seems clear that Brooks is choosing to make a political stunt out of a part of the process that essentially is a formality, which is unfortunate -- although not surprising."