On August 8, former Representative Eric Swalwell boarded a United Airlines flight from Frankfurt, Germany, to Washington, D.C. Federal agents monitored Swalwell throughout the nine-hour trip at the request of the FBI, which aimed to observe his use of electronic devices to potentially ascertain his passcodes, according to records obtained that have not been previously reported. Air marshals, who typically monitor suspected terrorists or hijackers, were involved in this operation. Swalwell has been a prominent critic of former President Donald Trump, having served as a manager in Trump's second impeachment trial.
The FBI's directive indicated that Swalwell was the 'focus' of an investigation, although it did not provide further details. Swalwell faces serious allegations, including accusations of sexual assault from multiple women, which he has denied. Following the emergence of these allegations, he suspended his campaign for governor of California and resigned from Congress. A week after the flight, FBI agents seized Swalwell's mobile phone and personal computer at San Francisco International Airport, executing a search warrant at his home in Washington, D.C. The FBI is reportedly investigating Swalwell in connection with the sexual assault cases in Los Angeles and New York.
Current and former officials noted that the FBI's request for air marshal surveillance was unusual, as the agency typically does not investigate sexual assault cases. The request was classified as 'Special Mission Coverage,' a term for ad hoc requests from law enforcement that do not involve individuals on security watch lists. Some former law enforcement officials expressed confusion over why the FBI did not deploy its own agents for surveillance.
Sara Azari, Swalwell's attorney, stated that Swalwell has been in contact with the Department of Justice regarding the investigation and indicated that they were never asked for his devices. Azari described the air marshal surveillance as an 'extraordinary escalation' against Swalwell, who has not been charged with any crime. The FBI declined to comment, and the Transportation Security Administration did not respond to requests for comment.
The warrant for seizing Swalwell's devices cited a civil rights statute historically used against police officers abusing their authority. Legal experts suggest that the application of this law may relate to allegations that Swalwell used his office to intimidate his alleged victims. However, it remains unclear how this law applies to a legislator compared to law enforcement officials.