FBI warrant for Eric Swalwell cites law used to prosecute abuses of official power

Kyle Martin, Grace Hase and Nate Gartrell, The Mercury News on Aug 20, 2026

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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 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 docket identified the California warrant as part of an investigation into possible violations of 18 U.S.C. Section 242 “and other offenses.” Section 242, 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,” he said. “It’s not just that he sexually assaulted somebody.”

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.

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, 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.

The federal searches mark a significant escalation. Approval of a search warrant means a judge found probable cause to believe the search would uncover evidence connected to a crime, Clark said.

“This is more than just claims being made,” Clark said. “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.'”

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 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.

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