Eric Swalwell’s federal probe may focus on use of power in office to intimidate witnesses

Eric Swalwell’s alleged pressure tactics in the final weeks of his imploding political career could be coming back to haunt him.

An FBI warrant used to seize Swalwell’s phone and laptop Saturday in San Francisco cites a federal civil-rights statute that can be used to prosecute public officials who abuse their government power — suggesting the feds may suspect Swalwell used his official role to silence women who accused him of sexual misconduct.

“The feds appear to be going after something more extensive than asking whether Swalwell sexually assaulted women. They may be asking if he willfully deprived somebody of a federal constitutional right.”

It’s “really bad news for Swalwell,” said Royal Oakes, a legal analyst for KNBC-TV.

Title 18, Section 242 — known as deprivation of rights under color of law — makes it a crime for a public official to willfully use government authority to deprive someone of rights protected by the Constitution or federal law.

The statute can apply even when officials exceed their lawful authority if they are acting, or purporting to act, in their official capacity. A basic conviction can carry up to one year in prison, but penalties an rise to up 10 years if bodily injury results or even a potential life sentence for crimes involving aggravated sexual abuse.

Seth Zuckerman, a former New York City prosecutor and founder of Zuckerman Legal Group, told The Post that the legal code cited for Swalwell’s warrant “often involves law enforcement abusing their powers.”

Federal court records obtained by The Post confirm FBI agents seized the former California congressman’s iPhone and MacBook Pro while executing a search warrant Saturday night in San Francisco.

The warrant return says agents executed the search at 8:25 p.m. and seized a white Apple iPhone, its charging cable and wall charger, along with an Apple MacBook Pro. The San Francisco Standard was first to report details of the warrant.

“The FBI executing a search warrant for electronic devices is a fairly common investigative step that they take in almost all of their cases these days,” said Zuckerman, who has specialized in white-collar criminal defense.

“Cell phones, tablets and laptops contain a treasure trove of data that law enforcement uses for a potential prosecution.”

During his ill-fated run for California governor, Swalwell and his campaign reportedly sought to prevent women from coming forward with allegations ranging from sexual misconduct and assault to rape. Swalwell remained a sitting member of Congress until resigning shortly after suspending his campaign in mid-April.

Swalwell has been the focus of at least four investigations, from the Department of Justice probe to investgations in Manhattan and Los Angeles, as well as a state ethics probe in California.

The ex-congressman and his high-powered attorney Sara Azari did not respond to requests for comment.

Oakes said investigators’ reasoning in seeking the warrant could substantially raise the stakes for Swalwell.

“It could result in a much more serious criminal charge against him,” Oakes said.

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