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Ex-Rep. Eric Swalwell's devices seized at SFO, DC home raided

Kyle Martin and Grace Hase, The Mercury News on

Published in News & Features

Federal agents served embattled ex-Rep. Eric Swalwell with several search warrants over the weekend, seizing his phone and raiding his Washington, D.C., home, sources told CNN and CBS News.

The FBI took Swalwell’s electronic devices at San Francisco International Airport on Saturday and then searched his home the following day as part of an investigation into sexual misconduct allegations that came to light earlier this year.

Swalwell’s white Apple iPhone with the charging cable and his MacBook Pro were seized Aug. 15 at 8:25 p.m., according to a document obtained by this news organization that detailed the inventory confiscated through the search warrant. The document was certified under penalty of perjury by FBI Special Agent Kyle R. Biebesheimer.

An attorney for Swalwell and a spokesperson for the FBI could not immediately be reached for comment.

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. The ex-congressman has denied the allegations, vowing in his resignation statement to “fight the serious, false allegation made against” him.

Both the Manhattan District Attorney’s Office and the Los Angeles County Sheriff’s Office have opened separate criminal investigations into the allegations.

“This is really upping the ante on this investigation. This is more than just claims being made,” Steven Clark, a criminal defense attorney and former prosecutor, told Bay Area News Group in an interview Thursday. “This is the FBI stepping in and saying, ‘We’ve got a judge to establish that there’s probable cause that evidence may be located there that could support our investigations.'”

Clark said that FBI agents raiding Swalwell’s house and seizing his electronics means that federal prosecutors are likely mounting a criminal case against the former congressman behind closed doors.

 

Sexual assault investigations are typically handled by local law enforcement, not the FBI, he said — unless the FBI has reason to believe the alleged crimes were related to Swalwell’s services as a congressman.

“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 jump-start the process.”

FBI investigators likely seized his phones, personal computers and other devices to corroborate stories from Swalwell’s accusers, Clark said. Forensic investigators will then likely search his devices for any photographs, text messages or other evidence “to give credence or credibility” to their allegations, he added.

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 are “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.”

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