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Eric Swalwell’s home searched, devices seized by FBI in misconduct probe

Federal law enforcement seized former U.S. Representative Eric Swalwell's electronic devices at an airport and raided his Washington residence amid an ongoing investigation.

Eric Swalwell’s home searched, devices seized by FBI in misconduct probe
Eric Swalwell’s home searched, devices seized by FBI in misconduct probe

Federal law enforcement escalated an ongoing inquiry into former U.S. Representative Eric Swalwell over the weekend, stopping the former congressman at an airport to seize his electronic devices before raiding his residence. According to records obtained by the Bay Area News Group and multiple media outlets, FBI agents intercepted Swalwell at San Francisco International Airport on Saturday evening. Court records show that agents took a white Apple iPhone, a charging cable, and a MacBook Pro at 8:25 p.m., operating under a search warrant signed under penalty of perjury by FBI Special Agent Kyle R. Biebesheimer. The following day, federal agents executed an additional search warrant at Swalwell’s home in Washington, D.C.

The sealed warrants cite potential violations of Section 242 of the federal criminal code alongside other offenses, according to public court dockets. Traditionally known as deprivation of rights under color of law, Section 242 is frequently utilized to prosecute police officers, corrections staff, and judges who abuse governmental authority, though legal observers note its application can extend to other public officials. A 2022 article published in the Justice Department’s “Journal of Federal Law and Practice” examined how the statute applies to sexual violence by government actors, covering cases involving jail guards, judges, teachers, athletic trainers, medical personnel, and public housing officials, though it did not specifically address elected representatives.

Media additions

Image via lbc.co.uk
Image via lbc.co.uk
Image via eastbaytimes.com
Image via eastbaytimes.com
Image via mercurynews.com
Image via mercurynews.com

Criminal defense attorney Steven Clark noted that while a search warrant establishes the probable cause required for a judge to authorize a search, it does not prove guilt. It doesn’t mean he’s guilty of anything, but it certainly means the investigation is gaining momentum, Clark said, adding that investigators will likely examine the seized devices for photographs, text messages, and other digital evidence capable of corroborating accusers' accounts.

The federal probe follows a series of public accusations that emerged in April, prompting Swalwell to resign from his congressional seat and terminate his campaign for California governor. The controversy began when an article published on April 10 detailed allegations from a former congressional staffer who accused Swalwell of sexual assault during her employment. CNN subsequently reported accounts from additional women, including Democratic influencer Ally Sammarco, who stated that Swalwell sent unsolicited explicit photos. Model Lonna Drewes subsequently held a news conference accusing Swalwell of drugging, raping, and choking her in a California hotel room in 2018, leading her to file a police report with the Los Angeles County Sheriff’s Department.

Arick Fudali, an attorney representing Drewes, stated that his client had not spoken directly with the FBI but remained encouraged by the escalation of federal activity. We are encouraged to learn about the escalation in their apparent investigation into the allegations against Eric Swalwell, Fudali said, adding that his client would continue cooperating with law enforcement agencies. Separate criminal investigations were also opened by the Manhattan District Attorney’s Office and the Los Angeles County Sheriff’s Department, while state officials in California and New York initiated probes into the conduct.

Swalwell has consistently denied all allegations of criminal wrongdoing. Responding to the initial reports in April via social media, he declared:

"These allegations of sexual assault are flat false. They did not happen. They have never happened. And I will fight them with everything I have,"

Eric Swalwell, former U.S. Representative, via social media
Sara Azari, an attorney representing Swalwell, previously characterized the accusations as false, fabricated, and a calculated political hit job. Neither Swalwell nor his legal representation immediately responded to requests for comment regarding the weekend searches.

The timing of the FBI searches coincided with the public release of declassified federal records concerning a separate, decade-old counterintelligence investigation involving Swalwell and Christine “Fang Fang” Fang, a suspected Chinese intelligence operative. Federal authorities and public records indicate no connection between those historical counterintelligence files and the active sexual misconduct probe. Swalwell was never charged in connection with his interactions with Fang, and a bipartisan House Ethics Committee review concluded without action.

As the federal investigation remains active and uncharged, legal analysts and observers continue to monitor whether the digital evidence retrieved from Swalwell’s phone and laptop will yield further developments. Federal authorities have not detailed the specific scope of the ongoing probe, and no official timeline has been provided regarding potential charging decisions.

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