The FBI reportedly seized an iPhone and MacBook computer from disgraced former Congressman Eric Swalwell (D-CA) at San Francisco International Airport Saturday night before agents searched his Washington, D.C., home the following day.
As reported on Friday’s AM Update, sources told Fox News the devices were taken as part of an investigation into allegations of sexual misconduct. Swalwell was reportedly neither arrested nor detained.
The Investigations
The raids come four months after the California Democrat’s political career imploded under the weight of multiple allegations of sexual assault. At least five women, including one former staffer, accused Swalwell of sexual misconduct or rape.
He resigned from Congress in April after 13 years in office as lawmakers threatened to expel him. Around the same time, Swalwell also abandoned his campaign for California governor, where he was a frontrunner.
In a social media video at the time, Swalwell acknowledged mistakes in judgment but adamantly denied he ever sexually assaulted anyone. “These allegations of sexual assault are flat false. They are absolutely false. They did not happen. They have never happened, and I will fight them with everything that I have,” he said.
Swalwell is reportedly facing separate investigations by the Manhattan District Attorney’s Office and state authorities in Los Angeles.
The Legal Question
The federal involvement, however, is raising a major legal question because sex crimes are generally handled by state or local prosecutors and simply accusing a person of assaults in multiple states does not automatically create a federal case.
According to The New York Times, federal agents appear to be examining Swalwell’s alleged conduct through civil rights statutes, though the precise legal theory remains unclear.
On Thursday, CNN senior legal analyst Elie Honig speculated the feds could have jurisdiction if some of the alleged conduct happened on federal property or in a federal building. And what is clear, he said, is that prosecutors were able to convince two judges that there is probable cause “that a federal crime was committed” and “that they will find evidence of that crime in the phones and the locations to be searched” because two search warrants appear to have been issued.
“I’ll tell you, having gone through that process of bringing that paperwork to judges, they don’t rubber stamp that,” Honig said. “They look very carefully, especially in a high-profile case like this.”
Court documents show the investigation is being handled by the U.S. Attorney’s Office in San Francisco and the FBI’s San Francisco field office, according to the Times.
The FBI and Swalwell have not publicly commented on the searches.
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