(WASHINGTON) — A member of Congress is suing a Trump administration official who over the last year has triggered mortgage fraud investigations into several of President Donald Trump’s political adversaries.
U.S. Rep. Eric Swalwell, D-Calif., filed suit Tuesday against William Pulte, the director of the Federal Housing Finance Agency, for violating his First Amendment rights and privacy by allegedly using government databases to “concoct fanciful allegations of mortgage fraud” against him.
Swalwell alleges that Pulte “abused his position” by using databases maintained by mortgage companies Fannie Mae and Freddie Mac to pull private mortgage records of prominent Democrats he has accused of fraud, including New York Attorney General Letitia James, Fed governor Lisa Cook and Rep. Adam Schiff.
According to the complaint, Pulte issued a criminal referral against Swalwell earlier this month based on private mortgage records. Swalwell’s lawyers argue the referral violates his First Amendment rights — allegedly punishing him for his criticism of the president — as well as a federal law that prohibits federal officials from disclosing sensitive information about any individual unless it is explicitly authorized by law.
“Pulte’s referral to the Justice Department was not only a gross mischaracterization of reality. It also represented a gross abuse of power that violated the law,” the complaint says.
Pulte has maintained that the documents from his referrals are part of the public record. He did not immediately respond to a request for comment from ABC News.
Swalwell has denied committing mortgage fraud, arguing that he maintains his primary residence in California while his wife’s primary residence is in Washington, D.C.
James, who successfully brought a civil fraud case against Trump last year, was indicted on Oct. 9 on charges that she falsely described a property she purchased in Norfolk, Virginia, as a second home instead of an investment property in order to obtain a lower mortgage rate. She pleaded not guilty to all charges.
A federal judge on Monday dismissed the case against James on the grounds that the interim U.S. attorney who brought the case was unconstitutionally appointed.
“Since taking office, President Trump has engaged in unprecedented efforts to leverage the power of the Federal Government to seek retribution against his political enemies,” Swalwell’s lawsuit said. “Those efforts have resulted in the Department of Justice conducting a series of high-profile criminal investigations and prosecutions nakedly targeting some of the President’s most outspoken critics.” ]”Defendants’ unlawful actions in this case were not the result of some inadvertent failure to comply with obscure or technical legal requirements. Rather, they represent a purposeful attack on core democratic norms and reflect a base desire to achieve exactly what the First Amendment and the Privacy Act exist to prevent: the use of government machinery to chill and silence the government’s critics,” said the complaint.
Swalwell asked a federal judge to declare Pulte’s actions unlawful, force the withdrawal of the criminal referral, and issue damages.
The Department of Justice, according to sources, is scrutinizing whether Pulte and U.S. Pardon Attorney Ed Martin potentially jeopardized the probes into James and Schiff by enlisting unauthorized individuals outside the Justice Department to help conduct the investigations, ABC News previously reported.
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