Representative Eric Swalwell of California on Tuesday filed a lawsuit against Bill Pulte, the director of the Federal Housing Finance Agency, claiming Mr. Pulte breached federal privacy laws by repeatedly disclosing documents intended to accuse prominent Democrats of mortgage fraud.
Mr. Pulte referred Mr. Swalwell to the Justice Department for investigation after accusing him of mortgage fraud, an allegation Mr. Swalwell has denied.
That accusation followed similar claims Mr. Pulte has made this year against New York’s attorney general, Letitia James; Senator Adam B. Schiff of California; and Lisa Cook, a Federal Reserve governor appointed by former President Joseph R. Biden Jr.
All have denied wrongdoing and accused Mr. Pulte of weaponizing his access to federal mortgage documents in order to assist President Trump’s efforts to prosecute or otherwise take aim at political targets. Mr. Swalwell’s lawsuit called the notion that he had committed fraud “patently false” and a “gross mischaracterization of reality.”
Mr. Pulte did not immediately respond to a request for comment.
The suit, filed in Federal District Court in Washington, argues that Mr. Pulte “abused his position by scouring databases” of mortgage records, selectively looking for records with which to “concoct fanciful allegations of mortgage fraud” in making his Nov. 13 referral.
It asks a federal judge to declare Mr. Pulte’s actions illegal and direct Mr. Pulte and the Federal Housing Finance Agency to withdraw the criminal referral.
Mr. Swalwell’s lawyers wrote that Mr. Pulte’s actions have collectively been planned to provide fodder for a Justice Department campaign against the president’s rivals. The lawsuit notes that the documents Mr. Pulte has produced provide no solid evidence of unlawful activity.
“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,” the complaint read.
The challenge argues that Mr. Pulte breached federal privacy laws prohibiting officials from “leveraging their access to citizens’ private information as a tool for harming their political opponents.” It also raises First Amendment violations, contending that the effort to get the Justice Department to investigate Mr. Swalwell was retaliatory, intended to punish the congressman for his political speech.
“Director Pulte has combed through private records of political opponents. To silence them,” Mr. Swalwell said in a statement. “There’s a reason the First Amendment — the freedom of speech — comes before all others.
Mr. Swalwell, who also helped manage the 2021 impeachment case against Mr. Trump, has been a fierce critic of the president. Last week, he announced his intention to run governor of California. Regardless of the outcome, the lawsuit could help Mr. Swalwell demonstrate his willingness to do combat with Mr. Trump and his allies.
Mr. Pulte’s previous referrals resulted in pressure against the president’s political targets, even in cases that did not produce criminal charges. Earlier this year, Mr. Trump cited Mr. Pulte’s findings in an attempt to fire Ms. Cook from the Federal Reserve Board, a move that would have handed the president a vacancy he could fill as he sought more control over the central bank.
Ms. Cook sued over the dismissal. In October, the Supreme Court allowed Ms. Cook to remain in her position until the court can consider the case in January.
Zach Montague is a Times reporter covering the federal courts, including the legal disputes over the Trump administration’s agenda.
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