Swalwell says ‘I fully expect’ to be prosecuted over criticism of Trump administration

Rep. Eric Swalwell (D-Calif.), a vocal critic of President Trump, said Thursday he “fully” expects to be prosecuted by the Trump administration over his criticism but said he refuses to shy away from exercising his right to free speech.

"I’m ready for it. I fully expect it,” Swalwell said on “CNN News Central,” when asked if he’s concerned that “down the road you may be prosecuted for your criticisms of this White House.”

Swalwell noted that FBI Director Kash Patel previously wrote a book in which he listed 60 individuals he described as “government gangsters” and said should be investigated.

Swalwell and Sen. Adam Schiff (D-Calif.) — who previously served alongside each other in the House — were named “at the very top” of the list “as the two worst,” Swalwell said.

But Swalwell said he’s not going to be intimidated by the Trump administration.

“Adam Schiff is under investigation now, so, I’m ready for it. I expect it, but I’m not going to flinch. I’m not hiding under the bed. I’m not going to shrink because that’s the aim. That’s why they do this, is they hope that dissent and oversight goes away.”

“And if I shrink and if Adam Schiff shrinks, then why wouldn’t everyday Americans shrink?” he continued. “And so, I’m not going away. And they can come at me, but it’s not going to silence me, and it’s not going to stop me from working every day to put Democrats in the majority so we can finally pump the brakes on the corruption we’re seeing in this administration.”

The remarks come after Trump said Thursday that he didn’t know if the Justice Department would be pursuing charges against former FBI Director James Comey. Comey was indicted later Thursday.

Over the weekend, Trump addressed his attorney general directly in a social media post, complaining that “nothing is being done” to bring cases against several of his political opponents, including Comey and Schiff, adding, “They’re all guilty as hell.”

The president has long called for charges against Comey, a Trump critic, based on his congressional testimony on Sept. 30, 2020, related to the investigation into possible Russian ties to Trump’s 2016 campaign. The five-year statute of limitations on the testimony expires Tuesday.

During a congressional hearing last week, Swalwell asked Patel about the list in his book and whether he would commit to recusing himself from making any decisions on potential investigations into people named on his list. But he declined.

“You identified 60 individuals in that book,” Swalwell said last week. “You put me on that list at the top of the list.”

“Thank you. My children find it flattering. Twenty of those individuals have been investigated or have had adverse actions. Director, considering that you've identified these people as, quote, government gangsters, will you recuse yourself from making any investigation decisions about these individuals?”

Patel said “no” he would not and lashed out at Swalwell.

“I’m going to borrow your terminology and call bulls‑‑‑ on your entire career in Congress,” Patel said.

The Hill has reached out to the White House and Justice Department for a response.