New information has emerged about Thursday’s bombshell news involving former Democratic Congressman Eric Swalwell.
As The Daily Mail reported, FBI agents confronted Swalwell with a search warrant when he landed at San Francisco Airport on Saturday. They then took the former congressman’s electronic devices, including his cell phone, reportedly as part of a federal criminal investigation into allegations of sexual misconduct.
The agents also entered Swalwell’s DC home on Sunday with warrants and seized additional potential evidence.
Now, The San Francisco Standard exclusively revealed that the other items seized from Swalwell during the airport search were his MacBook Pro, charging cable, and wall charger. The items were taken at 8:25 p.m.
It’s still unknown what specific items were seized from Swalwell’s DC residence.
There’s more bad news for Swalwell. Per the Standard, the warrant was issued under federal statute 18 U.S.C. § 242.
The statute applies to federal, state, and local officials acting under “color of law” to deprive victims of their constitutional rights if the acts are committed while the official is supposedly performing their official duties.
Here is the full reading of the statute:
Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under “color of law” include acts not only done by federal, state, or local officials within their lawful authority, but also acts done beyond the bounds of that official’s lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties.
Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.
The Justice Department notes that a defendant in the most severe cases may face life in prison or even the death penalty if convicted.
Considering Swalwell is being accused of multiple counts of sexual misconduct and assault, a lengthy prison sentence appears firmly on the table should he be convicted.
A former federal prosecutor told The Standard that while it’s unclear how Swalwell could be charged under this law, one potential avenue does exist for prosecutors.
“I am unfamiliar with the parts of this case that would give rise to that violation,” said Tony Brass, who added that a potential connection could be that Swalwell used his position to intimidate witnesses.
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