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The Department of Justice under President Donald Trump has opened a probe into Rep. Eric Swalwell, D-Calif., over alleged mortgage fraud, Fox News has confirmed.

In response, Swalwell said he was not surprised to be targeted by Trump and vowed to keep speaking out while pursuing his lawsuit.

“As the most vocal critic of Donald Trump over the last decade and as the only person who still has a surviving lawsuit against him, the only thing I am surprised about is that it took him this long to come after me,” the California lawmaker said.

“Like James Comey and John Bolton, Adam Schiff and Lisa Cook, Letitia James and the dozens more to come – I refuse to live in fear in what was once the freest country in the world.

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“Of course, I will not end my lawsuit against him. And I will not stop speaking out against the President and speaking up for Californians,” he continued. “As Mark Twain said, ‘Patriotism is supporting your country all the time, and your government when it deserves it.’ Mr. President, do better. Be better.”

The probe, which was first reported by NBC, will investigate allegations of millions of dollars in loans and refinancing were based on Swalwell declaring that his primary residence was in Washington, D.C., a person familiar with the referral told the news organization.

According to the report, the director of the Federal Housing Agency, Bill Pulte, sent Attorney General Pam Bondi a letter on Wednesday accusing Swalwell of possibly making false or misleading statements on loan documents.

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The source also reportedly told NBC the investigation is into possible mortgage fraud, tax fraud at the state and local level, insurance fraud and any related crimes.

Fox News Digital has reached out to the Department of Justice for comment on the matter.

The news comes the same day that MSNBC reported that two sources confirmed Swalwell is looking at a run for governor in California.

The two sources reportedly told the news agency Swalwell has all but decided on the move, and one source even said the lawmaker could make an announcement as early as next week.

Fox News Digital has reached out to Swalwell’s office for confirmation on the matter.

MSNBC reported that Swalwell declined to comment on his gubernatorial ambitions.

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Representative Eric Swalwell at Fox News Studio

Swalwell has been one of Trump’s most outspoken critics, and last month he faced scrutiny over a “bizarre inconsistency” in his campaign’s Federal Election Commission filings that list several different reasons for payments to a Haitian American staffer totaling more than $360,000.

FEC filings from Swalwell for Congress and his Remedy PAC, dating back to 2021, show more than 75 payments to staffer Darly Meyer, ranging from $53 to more than $12,000 for various reasons.

Meyer received 27 payments last year totaling more than $120,000 and is on pace to earn a similar amount in 2025. The filings list multiple explanations for the disbursements, including travel, car and security services, and salary, as well as reimbursements for personal travel expenses, event flowers, and postage.

Over the years, Swalwell’s campaign has reported numerous expenditures on luxury car services, expensive restaurants, and high-end hotels in international cities such as Dubai, Berlin, Paris and London.

Swalwell also claimed there was strong evidence of collusion between Russia and Trump, but those claims have since been contradicted.

Durham’s report, released in 2023, found intelligence agencies lacked “actual evidence of collusion” to justify launching the Trump-Russia probe. The findings echoed Robert Mueller’s 2019 report, which found no criminal conspiracy between Trump’s campaign and Russia.

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This is a developing story and will be updated as more information becomes available.

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