WASHINGTON — Former Democratic Rep. Eric Swalwell is facing the most serious chapter yet in his dramatic fall from political power after federal agents seized his electronic devices and searched his Washington residence as part of a criminal investigation into sexual misconduct allegations.
FBI agents reportedly confronted Swalwell at San Francisco International Airport on Aug. 15 and seized his cellphone and laptop under a federal search warrant.
Agents searched his Washington home the following day and collected additional materials, according to multiple news organizations citing sources familiar with the investigation.
Swalwell has not been arrested or charged with a crime. He has denied the sexual assault allegations against him.
Those facts must be made clear. Allegations are not convictions, and every American is entitled to due process.
However, federal agents do not seize a former member of Congress’ electronic devices and search his home as part of a routine political disagreement. Investigators must generally present evidence establishing probable cause before a federal judge or magistrate will authorize a search warrant.
That means Eric Swalwell is in big trouble.
The investigation follows accusations of sexual assault and harassment made by multiple women earlier this year. The allegations destroyed Swalwell’s campaign for governor of California and forced him out of Congress.
One former staff member accused Swalwell of sexually assaulting her during separate encounters, including an alleged incident at a New York hotel in 2024. Another woman publicly accused him of raping her in 2018.
Other allegations have reportedly involved unsolicited explicit messages and photographs.
Swalwell has called the accusations false and vowed to fight them. He previously acknowledged making what he described as mistakes in judgment but denied committing sexual assault.
The Manhattan district attorney’s office and Los Angeles County authorities opened separate investigations after the allegations became public. The Justice Department also began examining the claims in April.
The latest searches indicate that the federal investigation has moved well beyond simply reviewing media reports or interviewing witnesses.
Electronic devices can provide investigators with text messages, emails, photographs, location records, contact histories, deleted files and communications stored through cloud services. The seizure does not prove criminal wrongdoing, but it could allow authorities to compare Swalwell’s private records with the accounts provided by his accusers and other witnesses.
Swalwell resigned from Congress in April after members of both parties called for further investigation into the accusations. His departure ended the House Ethics Committee’s jurisdiction over him because the committee generally investigates sitting members.
He also abandoned his campaign for California governor, ending what had once appeared to be another step in a rapidly advancing political career.
Swalwell represented California’s East Bay in Congress for more than 13 years. He became nationally known as one of President Donald Trump’s most aggressive critics, served on the House Intelligence and Judiciary committees and briefly ran for the Democratic presidential nomination in 2019.
He regularly appeared on cable television to accuse Trump and other Republicans of corruption, misconduct and threats to democracy.
Now Swalwell is the subject of a federal criminal investigation.
There is an important difference between political criticism and a search warrant. Cable-news accusations can be made with a microphone and a partisan audience. A federal search requires investigators to go before a court and establish a legal basis for accessing a person’s home or property.
CBS News reported that agents executed multiple warrants targeting Swalwell and seized his electronic devices as part of the sexual misconduct investigation. CBS News
The Associated Press also confirmed the seizures and home search through a person familiar with the investigation. Associated Press
The Justice Department and FBI have not publicly disclosed what evidence agents were seeking or what they recovered.
That silence is typical during an active criminal investigation. It also means the public should be cautious about assuming facts that prosecutors have not established.
Still, the escalation cannot be dismissed.
Federal prosecutors could be examining whether available evidence supports criminal charges connected to the sexual assault allegations. Investigators may also be attempting to determine whether Swalwell used his office, campaign resources or political influence in connection with any alleged conduct.
Reports have separately raised questions about campaign spending and Swalwell’s employment of a foreign nanny, but authorities have not publicly confirmed that those issues were part of the latest search warrants.
The investigation comes as California voters selected state Sen. Aisha Wahab to complete the remainder of Swalwell’s congressional term. His former constituents have moved forward with new representation while his political career remains in ruins.
Swalwell’s attorneys are entitled to challenge the government’s evidence, question the credibility of witnesses and contest the legality or scope of the searches. If prosecutors cannot prove a crime beyond a reasonable doubt, they should not bring charges.
Due process applies even to politicians who failed to extend the same presumption of innocence to their political opponents.
But due process does not require Americans to pretend that this is merely another partisan news cycle.
Swalwell lost his campaign for governor. He surrendered his seat in Congress. Multiple law enforcement agencies are examining serious allegations against him. Federal agents have now taken his devices and searched his home.
That is not a public-relations problem.
It is a legal crisis.
For years, Swalwell positioned himself as a leading voice demanding investigations, subpoenas and accountability for others. He now finds himself on the other side of the process he so often championed.
No one should celebrate alleged sexual violence, and the women who came forward deserve to have their claims examined carefully and without political interference.
Swalwell deserves a fair investigation, but he does not deserve special protection because he once held a congressional seat or maintained close relationships with powerful people.
The evidence should decide what happens next.
Until investigators complete their work, Swalwell remains legally innocent. Politically, however, his career has already collapsed.
And with federal agents now examining the contents of his electronic devices and the materials taken from his home, his problems may be only beginning.
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