Eric Swalwell's attorney, Sara Azari, has called for a federal investigation into alleged leaks concerning a criminal probe into the former congressman. The demand follows reporting that the FBI enlisted federal air marshals to covertly monitor Swalwell on a flight from Germany to Washington, D.C., in an effort to observe him entering electronic passcodes.
Azari stated that this alleged surveillance represents an "extraordinary escalation" in the pattern of "continuous federal scrutiny, investigations, and leaks" that Swalwell has reportedly faced for nearly a decade without charges being filed. The attorney emphasized that investigators had never requested Swalwell's devices, and that had they done so, cooperation would have been provided.
According to The Atlantic, the FBI requested the Federal Air Marshal Service to watch Swalwell as he used his electronic devices on an August 8 flight from Frankfurt. This occurred just one week before FBI agents reportedly served Swalwell with a search warrant at San Francisco International Airport on August 15, seizing an iPhone and a MacBook Pro. Additional warrants were later executed at his Washington, D.C. residence.
Azari criticized the public nature of the search warrant execution and the subsequent leak of the warrant's return to the press, suggesting that such information could only have originated from the Department of Justice. She argued that grand jury secrecy and departmental policies are designed to prevent uncharged citizens from being tried in the media by anonymous government sources. Azari has requested an investigation into the source of these leaks and disclosures.
The investigation into Swalwell reportedly began in April, coinciding with multiple allegations of sexual misconduct, which he denies. Swalwell admitted to having "mistakes in judgment" but has denied any wrongdoing. The FBI previously investigated Swalwell's interactions with Christine Fang, a suspected Chinese operative, and cleared him. Azari indicated that the alleged leaks were part of a pattern that included the disclosure of investigative material concerning Fang.
Legal experts suggest that the reported use of air marshals to observe a passcode entry in a public space may not violate the Fourth Amendment, as surveillance in public areas generally does not require a warrant. However, bypassing device security is known to be difficult, which may have prompted the strategy.
The FBI has not commented on the matter, and the Transportation Security Administration, which oversees the air marshal service, did not respond to requests for comment.