Alabama Rep. Mo Brooks said he represented 'the will' of his constituents when he told Capitol protesters to 'start taking down names and kicking ass'

• Alabama Rep. Mo Brooks said he "represented the will" of his constituents when speaking against the presidential election certification.
• Brooks told protesters to "start taking down names and kicking ass" hours before rioters breached the Capitol.
• Swalwell claimed on Friday that Brooks missed his deadline to file a response, but court filings show Brooks filed on time.

Alabama Rep. Mo Brooks said he "represented the will" of his constituents when he told Capitol protestors to "start taking down names and kicking ass" just hours before rioters breached the Capitol, according to a recent court filing.

The lawsuit against Brooks is a part of a larger suit against former President Donald, Donald Trump Jr., and Rudy Giuliani from California Rep. Eric Swalwell that alleges the defendants were responsible for thousands of rioters breaking into the Capitol building and disrupting the certification of the presidential election. 

Brooks filed a motion in Swalwell's suit to say he was acting within the scope of his employment during the speech. He cited his congressional district's support for Trump and said that it was only his desire to represent his constituents because of "overwhelming" evidence that many states experienced voter fraud. While several states have audited their election tallies, zero states have provided a scintilla of evidence to support widespread voter fraud.

Swalwell alleges in his original complaint that Brooks was acting in his personal capacity when making a speech on January 6, but Brooks noted that his job requires him to make speeches in public and to push legislators to take positions on public policy. 

Swalwell claimed on Friday that Brooks missed his window to respond to the lawsuit and the courts needed to issue a default judgment against him, however, online filings in the court's PACER system show that Brooks filed his response several days before the June 27 cutoff.

It took Swalwell several months to serve the original complaint against Brooks because Swalwell's team could not locate the representative, though Brooks denied hiding from Swalwell.

"I am avoiding no one," he told CNN. "I have altered my conduct not one iota since Swalwell's politically motivated, meritless lawsuit was filed."

Swalwell ultimately hired a private investigator to locate Brooks. The complaint was ultimately served to his wife at their home.

"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!" Brooks said in a tweet.