Rep. Eric Swalwell (D-CA)
Yuri Gripas | Reuters
Rep. Eric Swalwell, D-Calif., filed a 19-page lawsuit Tuesday in U.S. District Court in Washington, D.C., alleging Federal Housing Finance Agency Director Bill Pulte abused his authority to make “fanciful” mortgage fraud allegations against him and other critics of President Donald Trump.
The lawsuit asks the court to declare Pulte’s conduct unlawful, order him and the FHFA to withdraw a criminal mortgage fraud referral, and award damages for violations of federal privacy law.
Swalwell — who announced Friday that he is running for governor of California — alleges in the complaint that Pulte improperly accessed and leaked his private mortgage records in retaliation for his political speech, violating both the Privacy Act of 1974 and the First Amendment.
“Director Pulte has combed through private records of political opponents to silence them,” Swalwell posted in a statement on X.
The suit alleges Pulte’s referral of the matter to the Justice Department was “patently false,” noting that Swalwell had sworn in an affidavit that his Washington, D.C., home would be his wife’s primary residence and that he remained a California resident.
Swalwell’s lawyers note in the filing that the disclosures landed just as Swalwell prepared to launch his gubernatorial bid. The leak of Pulte’s referral letter to the media occurred “with remarkable speed,” the suit states, followed by conservative commentators posting details about his home where his wife and children live, activity Swalwell’s suit says increased security risks for his family.
The filing casts Pulte’s actions as part of a broader effort by the Trump administration to use federal agencies and the courts against political opponents. Swalwell, a seven-term congressman and former House impeachment manager during Trump’s second impeachment, has long been one of the most vocal critics of the president.
“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,” the lawsuit argues.
In recent months, Pulte has issued similar criminal referrals to Swalwell’s to other Trump critics, among them New York Attorney General Letitia James, Sen. Adam Schiff, D-Calif., and Federal Reserve Governor Lisa Cook.
James’ indictment was dismissed by a federal judge Monday while Schiff faces an ongoing probe though has not been charged. Cook also has not been charged, though Trump cited the criminal referral as cause in his attempt to fire her from the board of governors for the Federal Reserve in August. The firing is currently on hold pending a Supreme Court review.
Pulte defended his agency’s criminal referral of Cook to CNBC in August, saying it wasn’t politically motivated. “We make referrals almost every day. Lisa Cook happened to be one of them,” he said.
In an interview with “Squawk Box” in September, Pulte refused to tell host Andrew Ross Sorkin where the tip came from.
“I’m not going to explain our sources and methods, where we get tips from, who are whistleblowers,” Pulte said.
Swalwell’s lawsuit says no comparable FHFA criminal referrals have been made against Trump allies. There is evidence that top Trump officials like Treasury Secretary Scott Bessent made mortgage claims similar to ones Trump cited to try to fire Cook.
Spokespeople for the FHFA and DOJ did not immediately respond to CNBC’s request for comment.
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