Eric Swalwell Sues FHFA Chief Over Political Retaliation

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Nov 26, 2025

Just days after launching his California governor bid, Eric Swalwell wakes up to a criminal mortgage-fraud referral from a Trump-appointed agency head. He says it's pure political revenge – and he's now suing to prove it. The same official has targeted other prominent Trump critics. Is this the new normal?

Financial market analysis from 26/11/2025. Market conditions may have changed since publication.

Imagine waking up one morning, coffee barely poured, and discovering that a federal agency has referred you to the Department of Justice for possible criminal prosecution – all because you’ve been vocal against the president. That’s exactly what happened to a sitting congressman just days after he announced a major political campaign. It sounds like something out of a political thriller, but it’s very real, and it’s happening right now in Washington.

The congressman in question has represented California for years, built a national profile as an outspoken critic of Donald Trump, and just threw his hat into the ring for governor. Then, almost on cue, a Trump-appointed agency director allegedly dug through his private mortgage records and fired off a criminal referral claiming fraud. The timing couldn’t have been worse – or more suspicious.

A Lawsuit That Reads Like a Political Revenge Story

Late Tuesday evening, a 19-page complaint landed in federal court in Washington, D.C. It accuses the head of the Federal Housing Finance Agency of abusing his office to silence critics of the president. The suit doesn’t mince words: this wasn’t routine oversight. It was retaliation, plain and simple.

According to the filing, the agency director accessed confidential mortgage files, twisted routine paperwork into “evidence” of fraud, and sent the whole package to prosecutors. All of this, the congressman claims, because he has consistently and loudly opposed the current administration.

And here’s the part that raises eyebrows: he’s far from the only one. Several high-profile figures who have crossed the administration have received similar treatment in recent months. The pattern is becoming impossible to ignore.

What Sparked the Referral?

At the heart of the dispute is a fairly common arrangement for members of Congress: maintaining residences in both their home state and Washington, D.C. Many lawmakers claim their district home as their primary residence for voting and tax purposes while acknowledging that their family often lives full-time in D.C. because of the demands of the job.

The lawsuit insists everything was properly disclosed. Sworn affidavits, mortgage applications, and related documents all reflect that the congressman’s wife and children primarily reside in the D.C.-area home – exactly as represented to lenders. Yet the agency director allegedly spun this into a story of deliberate misrepresentation designed to secure better loan terms.

“The referral is patently false and relies on gross mischaracterization of the facts,” the complaint states bluntly.

Perhaps the most troubling claim? The referral letter somehow reached conservative media outlets with lightning speed – almost as if someone wanted maximum embarrassment right as the gubernatorial campaign launched.

A Growing List of Targets

This isn’t an isolated incident. In recent months, the same agency has issued criminal referrals against several prominent figures known for opposing the president:

  • A state attorney general who pursued legal action against Trump-affiliated entities
  • A Democratic senator from California who led intelligence investigations into Russian election interference
  • A Federal Reserve governor whose removal the president openly sought

Some of these referrals have already collapsed in court. Others linger as ongoing investigations. But the pattern is unmistakable: critics get scrutinized; allies appear to sail through untouched.

Interestingly, evidence has emerged showing senior administration officials made mortgage declarations remarkably similar to those used as justification for some of these referrals. Yet no referrals were issued in those cases. The selective enforcement speaks volumes.

The Privacy Act and First Amendment Collision

The lawsuit raises two major legal arguments that could have implications far beyond this single case.

First, it alleges violation of the Privacy Act of 1974, which strictly limits how federal agencies can collect, maintain, and disclose personal records. Digging through mortgage files held by government-sponsored entities and then leaking findings to punish political speech would constitute a textbook violation.

Second, and perhaps more explosively, it claims First Amendment retaliation. The government cannot punish citizens for protected political speech – period. If an agency head uses official powers to intimidate critics into silence, that crosses a bright constitutional line.

“Director has combed through private records of political opponents to silence them,” the congressman wrote in a public statement after filing.

In my view, this second claim may prove the more dangerous for the administration. Courts have been increasingly protective of political speech, even when it’s harsh or unpopular. Weaponizing regulatory authority to chill criticism strikes at the core of democratic discourse.

The Timing Could Hardly Be Worse

Let’s talk about timing, because it’s impossible to ignore.

The congressman announced his campaign for governor on a Friday. By the following week, details of his family’s home address – information contained in those mortgage records – were circulating among conservative commentators online. His team reports increased security concerns for his wife and children.

Coincidence? The lawsuit calls the rapid leak “remarkable” and suggests it was deliberately timed for maximum political damage. When you’re running statewide in California, personal attacks that raise safety fears for your family hit especially hard.

I’ve covered enough campaigns to know that oppo research drops happen. But using federal law-enforcement machinery to deliver the blow? That takes things to another level entirely.

What the Agency Says (And Doesn’t Say)

When previously pressed about similar referrals, the agency director insisted they were routine. “We make referrals almost every day,” he told television hosts. He refused to discuss sources of tips or specific cases, citing investigative privilege.

Fair enough – agencies do uncover fraud regularly. But routine referrals don’t typically involve high-profile political figures who just happen to be administration critics. And they certainly don’t leak to friendly media within hours.

The absence of similar scrutiny for administration allies undermines the “routine enforcement” defense rather dramatically.

Broader Implications for Government Accountability

Step back for a moment and consider what this case represents.

We’ve grown unfortunately accustomed to heated political rhetoric and aggressive investigations. But using regulatory agencies that control vast troves of personal financial data as political weapons? That should alarm everyone, regardless of party affiliation.

Today it’s outspoken Democrats under the microscope. Tomorrow it could be Republicans who criticize from within, or journalists, or activists. Once the precedent is set that government can rifle through your financial life because of your political views, the chilling effect spreads quickly.

And let’s be honest: most Americans have taken out mortgages or student loans or small-business financing backed by government-related entities. How confident are you that someone couldn’t find something to twist if they were determined enough?

Where the Case Goes From Here

The lawsuit seeks several remedies: a declaration that the conduct was unlawful, an order forcing withdrawal of the criminal referral, and monetary damages for privacy violations.

Discovery could prove fascinating. Will the court allow examination of how decisions were made to pursue certain individuals and not others? Will internal communications reveal political pressure or coordination?

Given the constitutional questions involved, this case has potential to move quickly up the appellate ladder – perhaps even reaching the Supreme Court eventually, especially if similar challenges emerge.

In the meantime, the criminal referral itself hangs like a cloud. Even if ultimately baseless, the investigation can drag on for months or years, generating headlines and forcing defensive expenditure of time and money.

Final Thoughts: When Institutions Become Weapons

I’ve followed Washington long enough to know that both parties accuse each other of weaponizing government when out of power. What makes this moment different is the specificity of the allegations and the paper trail involved.

When a federal agency appears to target critics systematically while giving allies a pass, we’re no longer talking about typical political hardball. We’re talking about potential abuse of power that threatens basic democratic norms.

The courts will ultimately decide this particular case. But the larger question – whether Americans can criticize their government without fearing retaliation through official channels – affects every single one of us.

And that, more than any single lawsuit or election, is worth keeping a very close eye on.


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