Rep. Eric Swalwell is no stranger to fighting legal battles. Swalwell, in his seventh term as a Democrat representing the Bay Area of California, served as an impeachment manager in President Trump’s first impeachment trial in 2020. Swalwell is also the plaintiff in a four-year civil lawsuit seeking damages from Mr. Trump for the U.S. Capitol insurrection on Jan. 6, 2021.
But Swalwell, an attorney and former local prosecutor in Alameda County, is so concerned about legal peril during the second Trump term, he has taken out a liability insurance policy to protect himself. Swalwell confirmed he had done so in a text message to CBS News.
In a social media post last month, Swalwell accused the Trump administration of targeting Democratic legislators like his colleague, New Jersey Rep. LaMonica McIver, who was charged with assaulting law enforcement officers at an immigration detention center.
Angelina Katsanis / AP 
Swalwell — who has not been charged with a crime — wrote on X, “A RED LINE has been crossed. Trump is prosecuting his political enemies in Congress. This is just the beginning. We must take whatever we’ve done before to show dissent and go one rung higher.”
Last week’s handcuffing of Sen. Alex Padilla, a California Democrat who was forcibly removed from a news conference and briefly cuffed by federal agents after publicly questioning Homeland Security Secretary Kristi Noem, has raised criticisms that the Trump administration has broken norms — and escalated tensions — by allowing federal law enforcement to arrest or detain elected officials who dissent.
Patrick T. Fallon / AFP 
The Padilla incident occurred weeks after the arrests of McIver and Newark Mayor Ras Baraka, also a Democrat, after a May 9 confrontation with federal agents outside the Delaney Hall immigration facility in Newark. Prosecutors dropped the case against Baraka, but McIver faces felony charges and the prospect of a multi-year prison sentence if convicted. She has pleaded not guilty.
Prosecutors allege McIver struck agents with her arms during the incident. The Department of Homeland Security accused the elected officials of “breaking into” the detention center.
McIver responded to her indictment in a statement that said, “The facts of this case will prove I was simply doing my job and will expose these proceedings for what they are: a brazen attempt at political intimidation.”
In the latest incident, New York City Comptroller Brad Lander, a Democrat running for mayor, was detained by immigration agents Tuesday at a Manhattan courthouse.
Olga Fedorova / AP 
In a sequence of events captured on video, Lander was seen holding onto a man, whom he identified as Edgardo, following the man’s immigration hearing. Video then showed masked immigration agents trying to take the man into custody, and then taking Lander into custody as he asked to see a warrant.
Federal law enforcement officials said Lander was arrested “for assaulting law enforcement and impeding a federal officer.”
He was released four hours later, with his wife and New York Gov. Kathy Hochul by his side. No charges were filed against him.
The series of arrests began with the case of Hannah Dugan in April. Dugan, an elected Wisconsin circuit court judge, has pleaded not guilty to charges of obstructing federal agents, for allegedly rerouting a criminal defendant from her courtroom to avoid immigration agents. Dugan’s July 21 trial date was delayed Wednesday, as a judge considers a motion from Dugan to dismiss the case.
Raskin alleges “strong-arm tactics” to “silence and intimidate”
The arrests, detentions and handcuffings are inflaming an already toxic political moment and supercharging complaints by Democrats that Mr. Trump is seeking to use law enforcement powers to subdue his opposition.
“Trump and his enforcers want to handcuff and jail members of the legislative branch who perform oversight,” said Rep. Jamie Raskin, a Maryland Democrat who is the ranking member of the House Judiciary Committee.
Raskin told CBS News, “These strong-arm tactics are meant to silence and intimidate people, but they only strengthen our conviction.”
Francis Chung / POLITICO via AP Images 
In a statement to CBS News, a White House spokeswoman said, “Here’s the real story: why do so many Democrat officials feel emboldened to brazenly break the law and then complain when they are held accountable?”
“It’s alarming Democrats think they can obstruct federal law enforcement, assault ICE agents, or physically push law enforcement officers while charging a cabinet secretary, without consequence — it’s even more alarming that the media is encouraging and defending this lawless behavior,” the spokesperson said.
After his case was dismissed, Baraka filed a civil suit against the U.S. Attorney for New Jersey, Alina Habba, who not only filed the criminal case, but posted about Baraka’s arrest on social media. The lawsuit accuses Habba of defamation and seeks damages for what it calls “false arrest and malicious prosecution.”
The criminal cases are a burden to public officials, who must pay legal costs and expend time on court hearings. Defense attorneys for McIver noted she has juggled initial proceedings in her case in Newark with her duties in the U.S. Capitol, during a busy month in the House since the May 9 incident.
In her filing to dismiss her obstruction case, Dugan argued the Justice Department was violating separation of powers and unlawfully exceeding its authority. “The government’s prosecution here reaches directly into a state courthouse, disrupting active proceedings, and interferes with the official duties of an elected judge,” she argued.
The legal battles are separate from the political acrimony that has been fueled by the physical confrontations, including the handcuffing of Padilla last week — which the Department of Homeland Security claims happened after Padilla “lunged toward” Noem.
In a tearful floor speech Tuesday, Padilla asked, “How many Americans in the year 2025 see a vindictive president on a tour of retribution?”
As part of her statement to CBS News, the White House spokeswoman said, “Democrats are disingenuously characterizing their behavior with the help of the Fake News media. And we look forward to CBS’s coverage of Democrat smears against law enforcement officials, including comparing them to Nazis, leading to a 413% increase in assaults against ICE officers.”
As for Swalwell, he isn’t the only congressional Democrat to seek out liability insurance to protect his legal future. According to a report last week by the NOTUS digital news outlet, multiple Democrats have done the same.
According to the report in NOTUS, one unnamed House Democrat said, “That’s just, unfortunately, the nature of the job right now and it’s terrible.”
