What Does FBI Raid Of Businessman's Mansion Mean For Eric Swalwell Investigation? Attorney Reacts

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1:01Hi, everybody. I'm Brittany Lewis, a breaking news reporter here at Forbes. Joining me once again is attorney Mark Sedlander. Mark, thanks so much for coming back on. Thank you. I want to get your take as an attorney on a reported development we've seen this week in relation to the investigation into the disgraced former congressman Eric Swalwell because earlier this year he was one of the front runners in California's gubernatorial Democratic primary. He then back in April suspended his campaign and ultimately resigned from Congress after multiple women accused him of sexual assault misconduct, allegations he has vehemently denied.

1:40Earlier this week though, the FBI raided the Beverly Hills mansion of a former Swalwell ally and donor, reportedly in connection to the Swalwell probe. So to start off the conversation, as an attorney, what do you make of the news? What's your reaction here? Well, unfortunately for Mr. Swalwell, if the federal government is executing search warrants in connection with an investigation into him, it means there is likely evidence that he committed a crime. And you already mentioned that, of course, there have been reports, multiple reports, unfortunately, about sexual misconduct on the part of Mr.

2:17Swalwell. But the fact that the federal government continues to execute search warrants, apparently in connection with that investigation, I think is not a good development for the former congressperson, because it suggests that they have come across and continue to come across evidence supporting their case. I want to talk about that because back in August, the FBI raided Swalwell's Washington, D.C. home. They also took his electronics. They seized his electronics when he was at an airport in San Francisco. Does that mean, because that was in August, now we're in October, this raid is happening, does that necessarily mean that they found something back in August that brought them to this mansion?

3:02It doesn't necessarily mean that, but that is, I think, a logical conclusion. In order to execute search warrants, fortunately in our country, a neutral judge has to review statements from the government that are at least attempting to establish probable cause that the evidence of a crime is in a specific location. You mentioned that the government had seized electronic devices of Mr. Swalwell's and had searched his home in Washington, D.C. earlier this year. and if that were the case and that they were able to access the data in the digital devices, that may have led to a judge authorizing the search of the Beverly Hills home of his former supporter earlier this week.

3:46So I think we could logically conclude that there may have been evidence in those digital devices and because apparently sources are saying that the search this week of the Beverly Hills home is related to that investigation, I think that that's a safe conclusion to jump to. And is it a high bar to get a search warrant and to execute it? Because we're not seeing law enforcement and the FBI knocking down every single person's door in this country. But what is that threshold? It is a high bar and it should be. For as long as I can remember, the Supreme Court has fortunately concluded that the home is the place where we have our greatest expectation of privacy.

4:28So I will say for the most part, judges are quite careful about allowing the federal government to search someone's home. You know, that said, sometimes things slip through the cracks. Judges are busy and they might not always spend as much time as maybe they should confirming that a search warrant affidavit, for example, establishes probable cause that there will be evidence of a crime inside that specific home. But for the most part, the law definitely says that it's important that a judge carefully reviews the statements of the government that establish probable cause that the evidence is in that home.

5:05So yes, legally it is a high bar. That said, sometimes there are instances where search warrants are executed, whether it's in a car or someplace else, where there may be a little bit of a gray area. At the same time, because this is a relatively high profile case, maybe a judge took a second look at it to make sure that it was up to snuff.

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6:29To that point, like you said, this is a high-profile case. I mean, less than a year ago, this guy was a sitting member of Congress. And not only that, he was one of the frontrunners in California's governor's race. Now he's under federal investigation. When it's someone who's high-profile, when it's someone who's a former lawmaker, Does the judge and also does the FBI or does other law enforcement, do they all take that into consideration at all? Well, I have great respect for our federal judiciary and the judges in state courts and federal courts across the country. But there are human beings.

7:04So when when something comes across their desk, I I would imagine that they might take more note of it if it is a high profile person. I mean, that said, in the California courts, whether it's the Northern District of California, where Mr. Swalwell's former district was, or here in Los Angeles, the Central District of California, I mean, these judges, the federal judges here in the district court, they often see high profile cases, whether it's especially in Los Angeles, movie or music, famous people, or whether they're elected officials. So I would say I think they probably take note that it is a more high profile person.

7:44But the judges, especially in California and other bigger areas throughout the country, I think they're used to seeing cases like that like this. And when it comes to the raid of this Beverly Hills mansion earlier this week in particular, Eric Swalwell, he reportedly was hanging out, spending some time here when he was about to resign back in April. Is there any indication that this probe is just because he was there? Is the owner of this home, is he swept up in this? I mean, what exactly does that look like? That's tough to say. In terms of what's being publicly reported, it's not clear to me whether or not the homeowner is himself being, whether the search was in connection with an investigation into the homeowner.

8:34I do think that unnamed sources, I believe, have reported that the search of the Beverly Hills home of Mr. Swalwell's former supporter was in connection with the investigation into Mr. Swalwell. So it's not clear whether or not the homeowner is actually a target or even a subject of the investigation. So at this point, it appears that it has to do with Mr. Swalwell. There may be, and I'm totally speculating here, but there may be attempts to access digital information that can only be found within that home. So, for example, surveillance, if there was any video surveillance at the home that maybe the federal government is interested in, or probably more likely is digital devices.

9:18If Mr. Swalwell was in touch with his supporter earlier this year when some of these allegations publicly surfaced, there is a chance, and again, I'm speculating, that there might be evidence that the government's interested in in digital devices that the two men were using to communicate with each other at the time. Back when there was the Swalwell raid in August, law enforcement was reportedly investigating if Swalwell violated a federal law that, quote, makes it a crime for a person acting under color of any law to woefully deprive a person of a right or privilege protected by the Constitution or laws of the United States.

9:56That's a lot of legalese there, but parse through that for us if you could, in layman's terms, what exactly does that mean? What exactly were they investigating? The fact that that statute has come up is a bit of a surprise to me and a bit of a mystery. I think that that would be a hard lift for the government to pursue charges related to sexual misconduct under that statute. You used the words, and I think this is from the statute, under color of law. So I think that is generally a statute that focuses on some sort of civil rights deprivation by a government official in the course of that government official's work.

10:33whether it's a let's say an officer, elected official. My understanding is that that statute has been used or can be used to go after things like preventing people from voting or if there are prison guards abusing people in the prison while those prison guards are acting in their prison guard capacity. I think that's where people's civil rights can be violated. In terms of a sexual misconduct case, I think that peg might not fit in the hole. This seems more like a case that is often prosecuted by state and local district attorneys. Sexual misconduct cases often are. The federal government can often find a hook if there's some interstate activity, but I would be surprised if they followed through, if anyone ended up being charged with that statute in terms of the civil rights violations.

11:30Throughout President Trump's second term, he has faced multiple accusations that he has weaponized his DOJ to go after his political adversaries. We've seen that most recently with former FBI Director James Comey. And I'm not sure Eric Swalwell is exactly at the top of President Trump's political enemies lists here, but he is a Democrat and he's from California. Swalwell, as we know, he's under federal investigation for alleged sexual assault and misconduct. But do you think criticism that this could be political, do you think that's fair? I absolutely think that there is a fair criticism of this investigation that it appears political.

12:08The president has repeatedly and consistently come after the state of California, elected officials in California, and just the idea of California in general. So whether or not there is credible evidence implicating Mr. Swalwell, which at least the allegations exist, the air of politicization is out there. And unfortunately, even if there is a legitimate investigation, and I don't know whether or not this one is, I have no reason to believe that it's not, the fact that, and I do believe it's a fact, the Department of Justice under President Trump has repeatedly pursued what are nakedly political investigations and prosecutions I think that taints even legitimate prosecutions.

12:55And I'm just speaking generally here. And I think the fact that Mr. Swalwell is a former representative from California, he was outspoken at the time, and I believe a public critic of President Trump. I think that those things all, unfortunately, can taint even a just investigation. And specifically as an attorney, what are you looking out for next? Because when the FBI is raiding your home, seizing your electronics, does that mean, hey, they have a pretty good case against me and my days are numbered? No, not necessarily. It doesn't. If a person was committing a crime and was communicating about that in their digital devices or conducting Google searches or leaving some sort of trail of criminal activity, then yes, I think that it might not be a positive future for them.

13:52But no, if the person is not guilty or wasn't engaged in any misconduct, then that will be reflected once the government is able to access the data inside the devices. So I don't know what's on Mr. Swalwell's devices. I don't know what type of communication he was having. It's not something that most people would want, the government looking through their things. But if there's not evidence of misconduct, then for the most part, the government doesn't pursue the case. And he's denied all allegations of misconduct. But we will keep following this case. And I hope you can come back on and break it down as we see developments.

14:28Mark Zedlander, thank you so much for joining me. You're welcome back anytime. Thank you.

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