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SSan Francisco

Search warrants are supposed to be secret. Why was Eric Swalwell’s public?

  • August 24, 2026

For subscribersPublished Aug. 23, 2026at5:59pm

It was anything but the usual sleepy dog days of August this week when news broke that former Rep. Eric Swalwell is under investigation by the FBI for potential civil rights violations. 

There’s a strange element to the story: How did part of a federal search warrant document — a record that is almost always under seal — become public? The warrant, first reported by The Standard, showed that the feds seized Swalwell’s iPhone and MacBook Pro at 8:25 p.m. on Saturday, and other news organizations reported that the seizure occurred at San Francisco International Airport. His Washington, D.C., home was searched Sunday. 

Seamus Hughes, considered one of the nation’s foremost experts on PACER, the website where federal court documents are accessed, told Power Play the situation was highly unusual.

“In the context of two decades of court watching, the Northern District of California rarely, if ever, has made search warrants available on PACER for an ongoing investigation,” he said in an email. A former federal official echoed this: “Those things typically never, ever, see the light of day.”

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