Video Swalwell attorney denies misconduct, says congressman acknowledged 'lapses in judgment' Elias Dabaie told "The Story Is" that Rep. Eric Swalwell denies all misconduct allegations but takes responsibility for "lapses in judgment," while questioning accusers’ credibility and insisting the campaign will continue.
Rep. Eric Swalwell's attorney, Elias Dabaie, stated that the California congressman denies allegations of sexual misconduct, while acknowledging "lapses in judgment," as multiple women have come forward and Swalwell's biggest endorsements continued to be rescinded.
"We take these allegations very seriously," Dabaie said. "The congressman categorically denies any misconduct took place, and we intend to vindicate his rights in court." The attorney made the comments during a Saturday interview on CNN's "The Story Is" with Elex Michaelson
Dabaie’s remarks came as Michaelson pressed him on why Swalwell declined to appear on the program after posting a video response online and as questions mount over the allegations, which surfaced weeks before the gubernatorial election.
"The congressman takes accountability for potential lapses in judgment, but again, categorically denies any wrongdoing," Dabaie said, declining to elaborate further on what those lapses entailed.
Rep. Anna Paulina Luna, R-Fla., called for a motion to expel Rep. Eric Swalwell, D-Calif., following allegations of misconduct and sexual assault made by a former staffer. (Andrew Harnik/Getty Images; Kevin Dietsch/Getty Images)
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When asked directly whether Swalwell admitted to cheating on his wife but not breaking the law, Dabaie said, "I’m not going to get 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 out from an election," he said. "From my perspective, looking at the facts, I do have to question the credibility of these allegations."
Rep. Eric Swalwell spoke during a press conference on committee assignments for the 118th Congress at the U.S. Capitol on Jan. 25, 2023, in Washington, D.C. (Kevin Dietsch/Getty Images)
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As Michaelson cited evidence presented in reporting, including medical documentation and contemporaneous messages, Dabaie declined to engage in specifics.
"I prefer not to get into those details at this time," he said. "The investigation is ongoing, and I do plan on vindicating the congressman’s rights."
Dabaie further stated that the campaign would continue despite calls from Reps. Adam Schiff and Ruben Gallego, among other Democratic allies, to withdraw.
Lawyers for Rep. Eric Swalwell, D-Calif., have threatened the FBI with legal action if the bureau forges ahead with releasing decades-old files relating to 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 this moment, yes, he intends to continue his campaign," Dabaie said.
"The notion that all these people pulled their support, I suspect that there are political machinations behind the scenes explaining why the Democratic Party has decided to try to consolidate the vote in order to make sure that a Democratic candidate makes it past the primary. So I’m not surprised to see that."
Dabaie said the legal team is evaluating next steps after sending cease-and-desist letters to some of the accusers.
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"We believe that these claims are false," he said. "Once we had enough information to determine who was making them, we sent cease and desist letters. And we’re now looking at all available legal options."
"I haven’t seen any evidence that that ever took place."
Fox News Digital reached out for additional comment to Congressman Swalwell’s office and his gubernatorial campaign.
CJ joined Fox News Digital's team in 2026, which highlights the vital role journalism plays in shaping politics and culture. He has years of experience analyzing and reporting on the news media.
CJ graduated from Long Beach State University in 2025 with a Bachelor of Arts in Political Science and a minor in Journalism.
Story tips can be sent to cj.womack@fox.com, and you can follow on Twitter.
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