By Congressman Eric Swalwell, a Democrat from California long known as one of Donald Trump’s most aggressive critics, is facing a Justice Department referral over alleged mortgage fraud, along with new questions about whether he legally qualifies as a California resident while serving in Congress.
Federal Housing Finance Agency Director Bill Pulte, a Trump appointee, has accused Swalwell of making false statements on mortgage documents tied to a Washington, D.C., property. The referral, sent to Attorney General Pam Bondi on Wednesday and alleges that Swalwell obtained millions of dollars in loans and refinancing by designating the D.C. house as his primary residence. That designation, according to sources familiar with the matter, could expose him to investigations into mortgage fraud, state and local tax evasion, insurance misrepresentation, and related offenses.
Swalwell, who has represented California’s 14th Congressional District since 2013, dismissed the allegations as a political hit job during an appearance on CNN’s “Laura Coates Live” Thursday night. “It’s all nonsense,” he said. “It’s not going to shake me. The other individuals, Schiff, James, (Lisa) Cook and myself, we’re not going to hide under the bed, we’re not going to be silent or go away — we’re going to hold a lawless president accountable.”
In a separate statement, Swalwell cast the referral as payback for his years of antagonism toward Trump. “As the most vocal critic of Donald Trump over the last decade and as the only person who still has a surviving lawsuit against him, the only thing I am surprised about is that it took him this long to come after me.” He added, “Like James Comey and John Bolton, Adam Schiff and Lisa Cook, Letitia James and the dozens more to come — I refuse to live in fear in what was once the freest country in the world.” Swalwell has maintained an ongoing lawsuit against Trump stemming from the January 6, 2021, Capitol riot, alleging that the former president’s rhetoric incited the violence, according to CNN.
This is the fourth referral Pulte has made to the Justice Department in recent months, all targeting high-profile Democrats who have clashed with Trump. New York Attorney General Letitia James was indicted last month on fraud charges linked to her mortgage filing. Senator Adam Schiff, a Democrat from California, is under federal investigation, while Federal Reserve Governor Lisa Cook faces a separate probe and a legal battle over whether she can be removed from the board, noted CBS News.
Compounding the fraud allegations, public records and investigative reports have uncovered no evidence of Swalwell owning or leasing property in California, the state he represents. Public records and investigative accounts indicate there is no evidence that he currently owns or leases a residence in California, the state he is elected to represent.
A 2022 Deed of Trust for his Washington home identifies the D.C. property as his “principal residence,” a label that can unlock more favorable mortgage terms but appears to clash with constitutional expectations for House members. Article I, Section 2 of the U.S. Constitution requires that members of the House be “inhabitants” of the state they represent at the time of their election.
During an MSNBC interview Thursday, Swalwell countered residency concerns, stating he maintains “only one mortgage and a residence in California.”
He has yet to prove he lives in California.
The accusations carry a particular irony for Swalwell’s political career. He first won his seat in 2012 by ousting longtime incumbent Pete Stark, attacking Stark as an “out-of-touch” Washington insider who had lost touch with his California district.
This isn’t the first time that Swalwell has faced controversy. He was booted from the influential House Intelligence Committee in 2023 for allegedly having a sexual relationship with a Chinese spy.
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