Swalwell claims Pulte abused power to target Trump critics

Swalwell alleges Pulte obtained and used the lawmaker’s personal mortgage records in violation of US privacy laws and constitutional protections for political expression. Pulte sent a criminal referral to the US Justice Department earlier this month claiming Swalwell committed mortgage fraud, which the congressman’s lawyers said was false and “a gross mischaracterization of reality,” according to the court filing.

The federal lawsuit marks the latest escalation of accusations by prominent Democrats and other Trump critics that US officials are using the might and resources of the federal government to carry out a retribution campaign on behalf of the president. 

Swalwell alleged that Pulte “abused his position” by searching the Fannie Mae and Freddie Mac databases to “concoct fanciful allegations of mortgage fraud” against prominent Democratic lawmakers. Pulte also made mortgage fraud referrals against New York Attorney General Letitia James and California Senator Adam Schiff, among others. 

According to the lawsuit, Pulte accused Swalwell of claiming his home in the District of Columbia as his primary residence on a mortgage agreement to secure more favorable terms. The lawmaker said his sworn affidavit on the agreement made clear that the home would be his wife’s primary residence — not his — and that he remained a permanent resident of California.

A spokesperson for the housing agency and Swalwell’s attorneys did not immediately respond to requests for comment on Tuesday afternoon.

Damaged Reputation

Swalwell recently launched his campaign for California governor with a platform highlighting his record opposing the president. His attorneys argued in the complaint that Pulte’s mortgage fraud allegations hurt Swalwell’s “reputation at a critical juncture in his career” and forced him “to divert attention away” from his nascent campaign.

The lawmaker also said that the widespread publication of information about the address of his family’s home has exposed him and his young children to heightened security risks and caused “significant anguish and distress.”

“Pulte’s brazen practice of obtaining confidential mortgage records from Fannie Mae and/or Freddie Mac and then using them as a basis for referring individual homeowners to DOJ for prosecution is unprecedented and unlawful,” his lawyers wrote in the complaint.

Pulte has publicly lodged mortgage fraud allegations against several high-profile current and former officials that Trump has identified as political foes. His criminal referral of Federal Reserve Governor Lisa Cook laid a foundation for Trump to move to fire her. Cook denied the claims and has successfully fought in court to keep her job so far. The US Supreme Court is set to hear arguments soon.

The case against James, the New York attorney general, led to an indictment by a federal grand jury, but it was tossed out this week by a judge who concluded the lead prosecutor was unlawfully appointed. The administration has vowed to appeal. James’ lawyers separately have argued that the case should be dismissed because it’s a vindictive prosecution effort. Schiff and Cook haven’t been charged. 

Swalwell wants a court to order Pulte to withdraw the criminal referral to the Justice Department. He’s also seeking an unspecified amount of money as compensation for the alleged privacy violations.

The case is Swalwell v. Pulte, 25-cv-4125, US District Court, District of Columbia (Washington).