Congressman Eric Swalwell (D-CA)
Yuri Gripusreuter
Rep. Eric Swalwell, D-Calif., filed a 19-page lawsuit Tuesday in U.S. District Court in Washington, D.C., alleging that Federal Housing Finance Agency Director Bill Pruitt abused his power by making “fanciful” mortgage fraud allegations against him and other critics of President Donald Trump.
The lawsuit asks the court to declare Mr. Pulte’s actions illegal, order him and FHFA to drop the mortgage fraud referrals, and award him damages for violating federal privacy laws.
Mr. Swalwell, who announced Friday that he is running for California governor, alleges in his complaint that Mr. Pulte improperly accessed and leaked his personal mortgage records in retaliation for political speeches, violating both the Privacy Act of 1974 and the First Amendment.
“Secretary Pelt combed through his personal records to silence his political opponents,” Swalwell wrote in a post on X.
The lawsuit alleges that Mr. Pulte’s referral of the matter to the Justice Department was “manifestly false,” noting that Mr. Swalwell swore in an affidavit that his Washington, D.C., home would be his wife’s primary residence and that he would remain a California resident.
Mr. Swalwell’s lawyers note in the filing that the disclosures occurred just as Mr. Swalwell was preparing to run for governor. The leak of Pruitt’s testimonials to the media happened with “alarming speed,” and conservative commentators then posted details of the home where his wife and children lived, an activity that increased the family’s safety risk, Swalwell’s complaint said.
The filing says Mr. Pulte’s actions are part of a broader effort by the Trump administration to use federal agencies and courts against its political opponents. Swalwell, who served seven terms in the House of Representatives and served as House impeachment manager during Trump’s second impeachment, has long been one of the president’s most vocal critics.
“Pult’s brazen actions in obtaining confidential mortgage loan records from Fannie Mae and Freddie Mac and then using them to send private homeowners to the Department of Justice for prosecution are unprecedented and illegal,” the complaint alleges.
In recent months, Mr. Pelt has sent similar criminal subpoenas against Mr. Swalwell to other Trump critics, including New York Attorney General Letitia James, California Democratic Sen. Adam Schiff, and Federal Reserve President Lisa Cook.
The charges against Mr. James were dismissed by a federal judge on Monday, and Mr. Schiff, although not charged, faces an ongoing investigation. Mr. Cook has also not been indicted, but President Trump cited the criminal referral as a reason for his attempt to remove Mr. Cook from the Federal Reserve Board of Governors in August. The dismissal is currently on hold pending review by the Supreme Court.
Pruitt defended his agency’s criminal referral of Cook to CNBC in August, saying it was not politically motivated. “We do introductions almost every day, and Lisa Cook happens to be one of them,” he said.
In a September interview on “Squawk Box,” Mr. Prut refused to reveal to host Andrew Ross Sorkin the source of the information.
“We’re not going to explain our sources, our methods, where we get our information from, who the whistleblower is,” Prut said.
Swalwell’s lawsuit says no similar FHFA criminal referrals have been filed against Trump allies. There is evidence that Trump administration officials, such as Treasury Secretary Scott Bessent, have made mortgage claims similar to those cited by President Trump in firing Cook.
Spokespeople for FHFA and the Department of Justice did not immediately respond to CNBC’s requests for comment.
