Representative Eric Swalwell (D-CA) said during an appearance on MSNBC Wednesday that top state prosecutors across the country should consider bringing charges against federal agents who arrested Democratic lawmakers during recent high-profile confrontations.
Speaking on MSNBC’s “The Weekend” with co-host Symone Sanders-Townsend, Swalwell referenced the recent arrest of Senator Alex Padilla (D-CA) and suggested state attorneys general should investigate what he referred to as “rogue agents” if their conduct meets applicable criminal statutes.
Sanders-Townsend opened the segment by questioning what she characterized as a lack of strong response from Democratic leadership in light of recent law enforcement actions involving members of their own party.
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“My concern is, and I want to juxtapose with what happened to Senator Padilla, the handcuffing of him being thrown to the ground at a DHS presser by FBI agents after he was escorted into the room by FBI officials and the National Guard,” she said.
“LaMonica McIver has now been indicted. She was charged and indicted on federal charges.”
She added, “I don’t feel like House leadership and Senate leadership on the Democratic side has been as forceful as they should be, given the escalation by the government on their own members. What say you?”
Swalwell responded by pointing to actions taken by House Minority Leader Hakeem Jeffries, saying, “Yeah, well, I’m seeing it from Leader Jeffries, who led us to the House steps immediately after Senator Padilla had been arrested. Then we went to Senator Thune’s office to demand answers afterward.”
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He then turned his attention to state prosecutors, saying, “But I also see attorneys general across the country who have law enforcement powers. And the way I see it is, if I was a prosecutor, the top prosecutor in my state, and these rogue agents arrested somebody like Alex Padilla, who was just exercising his First Amendment right in his own office building and had him arrested, if I had a criminal statute that met the facts, I would use it.”
Swalwell continued, “And that’s the same thing in New York. So if you have law enforcement capabilities and the facts meet those criminal statutes, you have to meet their chaos with your own strength. Otherwise, we’re always reacting to Donald Trump rather than the other way around.”
Swalwell’s comments come amid growing tensions between some Democratic officials and federal law enforcement agencies.
The incident involving Senator Padilla reportedly occurred during a Department of Homeland Security event, where video captured Padilla being handcuffed and removed from the premises after entering the area with other officials.
LaMonica McIver, a Democratic official referenced in the discussion, was recently indicted on federal charges, though details of those charges were not specified during the segment.
Her case has further fueled criticism from within the Democratic Party regarding what they allege is politically motivated enforcement.
Swalwell’s remarks did not specify which statutes could be applied or what charges he believes could be brought, but his suggestion that state-level prosecutors should target federal law enforcement officers is likely to intensify existing political divisions surrounding the role of agencies like the FBI and DHS.
As of Thursday, federal agencies involved in the incidents have not issued public statements in response to Swalwell’s remarks or the arrest of Senator Padilla.
The Department of Justice has also not commented on any potential legal investigations stemming from the events.
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