
Earlier this week, FBI agents confronted former Rep. Eric Swalwell at San Francisco International Airport and seized his iPhone and MacBook Pro. The next morning, agents executed a second search warrant at his Washington, D.C., home.
The federal statute cited in the warrant? 18 U.S.C. § 242. Maximum penalty: life in prison.
The warrant was executed by FBI agent Kyle R. Biebesheimer of the Bureau's Public Corruption and Civil Rights Squad in San Francisco and authorized by Magistrate Judge Thomas S. Hixson. Along with the phone and laptop, agents also took his charging cable and wall charger — they wanted everything.
Swalwell resigned from Congress in April 2026, which means whatever the FBI is investigating didn't require the extra procedural hurdles of searching a sitting member's devices. The timing of his departure and the timing of this warrant are worth noting together.
The statute at the center of the probe — 18 U.S.C. § 242 — is typically used against law enforcement officers who abuse their authority. It was the federal charge brought against the Minneapolis officers in the George Floyd case. The law applies when a government official uses their position to deprive another person of rights guaranteed by the Constitution or federal law.
Former federal prosecutor Tony Brass told the San Francisco Standard that the statute "could potentially come into play if investigators believe Swalwell used his position in Congress to intimidate witnesses or somehow interfere with another person's rights." Brass added that he was "unfamiliar with the parts of this case that would give rise to that violation," which is a polite way of saying even legal experts are watching this unfold in real time.
The sexual misconduct allegations against Swalwell first surfaced in spring 2026. One of Swalwell's former staffers alleged he raped her while she was too intoxicated to give consent. Several other women have admitted to sleeping with the married politician as well as receiving unsolicited pictures from him as well as unwanted touching. Swalwell has denied all the allegations while simultaneously acknowledging he needs to take accountability for his actions. His attorney did not respond to requests for comment on the warrant.
The Public Corruption and Civil Rights Squad doesn't get involved in parking tickets. That's the unit that handles elected officials who crossed lines that carry federal consequences. The fact that this squad — not local law enforcement, not a state attorney general — is running the investigation tells you where the Justice Department thinks this is heading.
Some will remember that Swalwell previously sat on the House Intelligence Committee while maintaining a sexual relationship with Christine Fang, a Chinese intelligence operative. Fang was able to place interns in his office and funnel money to his campaigns. After the FBI briefed Democrats on what Swalwell had done with Fang Fang, they chose not to remove from the nation's topo intelligence committee. He wasn't investigated at the time. He was defended by Nancy Pelosi and others in his party.
Now the FBI has his phone, his laptop, and the contents of his D.C. residence. The warrant was serious enough for a federal judge to sign. The statute is serious enough to carry a life sentence in the most severe cases.
Eric Swalwell spent years on television accusing Donald Trump of being compromised by Russia. The FBI just treated him like someone who might actually be.


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