FBI agents seized former Rep. Eric Swalwell’s phone and laptop Saturday under a search warrant tied to a federal civil rights investigation, records obtained by Bay Area News Group show.
The seizure occurred at San Francisco International Airport, and agents searched Swalwell’s Washington, D.C., home the following day as part of an investigation connected to sexual assault allegations against him, sources told CNN and CBS News.
The warrant inventory shows agents took Swalwell’s white Apple iPhone, charging cable and MacBook Pro at 8:25 p.m. The document was signed under penalty of perjury by FBI Special Agent Kyle R. Biebesheimer.
The public court docket identified the California warrant as part of an investigation into possible violations of Section 242 of the federal criminal code “and other offenses.” The law, formerly known as deprivation of rights under color of law, is frequently used to prosecute police officers, corrections officials and judges who abuse their government authority, but it can apply to other public officials.
The warrant application and supporting affidavit remain under seal, leaving unclear what conduct investigators believe could violate the law, what evidence they sought or which other offenses they are investigating.
A Bay Area News Group search of federal court records in Washington did not identify any publicly available filings tied to the reported search of Swalwell’s home. Those records could also be under seal or filed in another jurisdiction.
Steven Clark, a criminal defense attorney and former prosecutor, said the statute could show that the federal government is investigating the allegations against Swalwell by a former staffer who accused him of sexually assaulting her in 2019 when he was her boss.
“I think what they’re saying here is that this was based on his job or position as a member of Congress that gives rise to making this a federal investigation,” Clark said.
No charges have been filed against Swalwell. An attorney for Swalwell and spokespeople for the FBI and Justice Department could not immediately be reached for comment.
A 2022 article published in the Justice Department’s “Journal of Federal Law and Practice” examined how Section 242 can apply to sexual violence by government actors. It discussed clear-cut cases, such as a jail guard sexually assaulting an incarcerated woman, as well as less familiar applications involving judges, teachers, athletic trainers, medical professionals and public housing officials. The 20-page article did not address how the law might apply to an elected representative.
Swalwell, who was elected in 2012 to represent parts of Alameda County in Congress, was accused by several women of sexual misconduct in April, leading him to end his campaign for governor and resign from office. He has denied the allegations and vowed in his resignation statement to fight them. Before being elected to Congress, he worked as a deputy district attorney in Alameda County and spent three years on the Dublin City Council.
Both the Manhattan District Attorney’s Office and the Los Angeles County Sheriff’s Office have opened separate criminal investigations into the allegations.
The federal searches mark a significant escalation in the investigation. Approval of a search warrant means a judge found probable cause to believe the search would uncover evidence connected to a crime, Clark said. It does not establish that Swalwell committed a crime.
“It doesn’t mean he’s guilty of anything, but it certainly means the investigation is gaining momentum,” Clark said. “It’s taking it to a whole new level. They’re looking to jumpstart the process.”
Investigators will likely examine the devices for photographs, text messages and other evidence that could corroborate the accounts of women who have accused Swalwell of misconduct, Clark said.
Arick Fudali, an attorney for a Southern California woman who accused Swalwell of drugging her drink and raping her in a hotel room in 2018, said in a statement that they were “encouraged to learn about the escalation of the FBI’s investigation into the allegations against Eric Swalwell.”
“We will continue to cooperate with any and all law enforcement agencies pursuing this matter in our fight for justice,” Fudali said.
The searches came days after the federal government publicly released records from a separate, decade-old counterintelligence investigation involving Swalwell and Christine “Fang Fang” Fang, a suspected Chinese intelligence operative. There is no public indication that the two investigations are connected.
Swalwell admitted to the FBI that he had a sexual relationship with Fang, whom he met at an event in 2012. The records say they later met for a drink and exchanged calls, texts and emails. The pair had “physical relations” on a “handful of occasions” until March 2015 but never dated or had a romantic relationship, according to the documents.
Swalwell said he “believed that Fang was interested in a closer, romantic relationship.”
The records say Fang solicited campaign contributions from associates and referred prospective interns to Swalwell’s congressional office. Swalwell directed the prospective interns to his hiring staff, according to the documents.
Fang also asked Swalwell and members of his family, including his father, to travel to China and invited him to a 2015 dinner with representatives from the People’s Republic of China’s consulate in San Francisco, the records say.
Swalwell cut contact with Fang after the FBI warned him about her in 2015 and was not charged in connection with the matter. In a May 22, 2023 letter to Swalwell, the bipartisan House Ethics Committee said it would take “no further action” after a two-year review of his interactions with Fang.
