Rep. Eric Swalwell’s attorney denies misconduct, cites lapses in judgment

Rep. Eric Swalwell’s attorney, Elias Dabaie, said the California congressman denied the allegations of sexual misconduct but acknowledged “errors of judgment” as so many women came forward and Swalwell’s biggest endorsements continued to be rescinded.

“We take these allegations very seriously,” Dabaie said. “The congressman categorically denies any wrongdoing, and we intend to defend his rights in court.” The lawyer made the comments during an interview with Elex Michaelson on CNN’s “The Story Is” on Saturday.

Dabaie’s remarks come as Michaelson pressures him on why Swawell rejected will appear on the show after he posted a video response online and as questions mounted about the allegations, which emerged weeks before the gubernatorial election.

“The congressman takes responsibility for possible errors of judgment, but still categorically denies any wrongdoing,” Dabaie said, declining to further elaborate on what that error entailed.

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Asked directly whether Swalwell admitted to cheating on his wife but not breaking the law, Dabaie said: “I’m not going to go into the details of that. Our investigation is ongoing. A lot of it is privileged.”

Dabaie also questioned the credibility and timing of the allegations, noting their proximity to the election.

“I have to question the timing of these allegations… 25 days before the election,” he said. “From my perspective, when I look at the facts, I have to question the credibility of these allegations.”

Representative Eric Swalwell speaks at a press conference on committee assignments for the 118th Congress at the U.S. Capitol on January 25, 2023 in Washington, DC. (Kevin Dietsch/Getty Images)

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While Michaelson cited evidence presented in the report, including medical documents and contemporaneous messages, Dabaie declined to go into detail.

“I prefer not to go into those details at this time,” he said. “The investigation is ongoing and I plan to protect the congressman’s rights.”

Dabaie also supported Sen. Adam Schiff, D-Calif., among other Democratic allies. and Ruben Gallego, D-Ariz., stated that the campaign would continue despite calls to withdraw.

Lawyers for Rep. Eric Swalwell, D-Calif., have threatened the FBI with legal action if it continues to release decades-old files on his relationship with a suspected Chinese spy. (Bill Clark/CQ-Roll Call, Inc/Getty Images Michael M. Santiago/Getty Images)

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“As of now, yes, he plans to continue his campaign,” Dabaie said.

“The idea that all these people are withdrawing their support, I suspect there’s political machinations behind the scenes that explain why the Democratic Party decided to combine the voting to ensure a Democratic candidate gets through the primary. So I’m not surprised to see this.”

Dabaie said his legal team was considering next steps after sending cease and desist letters to some of the accusers.

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“We believe these allegations are false,” he said. “Once we had enough information to determine who was doing these things, we sent cease and desist letters. “And now we’re looking at all the legal options available.”

“I’ve seen no evidence that this is happening.”

Fox News Digital has reached out for additional comment regarding Swalwell’s office and the gubernatorial campaign.