Eric Swalwell Had a Bad Day Today

The FBI searched Eric Swalwell’s residence and separately stopped him at San Francisco International, seizing electronic devices he had on him. Both actions are described as furthering investigations into sexual assault allegations made against him earlier this year, one in Los Angeles and one in New York. He has not been charged, and the allegations remain allegations.

Hawk’s interest is procedural. Two actions like that mean two warrants, which means agents went to a federal judge with an affidavit and established probable cause, both that crimes likely occurred and that evidence of them would likely be found in those specific places. That is a meaningful threshold, and it is not a finding of guilt.

The open question is jurisdiction. Sexual assault is generally prosecuted by states. Federal involvement usually points to something crossing state lines, and the reporting so far does not explain which theory applies here.

Hawk also notes the timing and the current posture of the Justice Department, which is worth holding in mind either way.