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Attorney Eric Swalwell denies wrongdoing, citing a lapse in judgment

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Eric Swalwell’s attorney, Elias Dabaie, said the California congressman denies allegations of sexual misconduct, while admitting to a “lapse in judgment,” as more women came forward and Swalwell’s major endorsements continued to be withdrawn.

“We take these allegations seriously,” said Dabaie. “The congressman denies that any misconduct occurred, and we intend to defend his rights in court.” The attorney made the comments in an interview Saturday on CNN’s “The Story Is” with Elex Michaelson

Dabaie said this when Michaelson pressed him about why Swalwell refused to appear on the show after posting a video response online and as questions have intensified over the allegations, which came just weeks before the gubernatorial election.

“The congressman is taking responsibility for a possible lapse in judgment, but again, he clearly denies any wrongdoing,” Dabaie said, declining to elaborate on what the lapse involved.

Rep. Anna Paulina Luna, R-Fla., has called for the ouster of Rep. Eric Swalwell, D-Calif., following allegations of misconduct and sexual harassment by a former staffer. (Photos by Andrew Harnik/Getty Images; Kevin Dietsch/Getty Images)

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Asked directly if Swalwell admitted that he had an affair with his wife but did not break the law, Dabaie said, “I will not go into the details of that. Our investigation is still ongoing. A lot of it is luck.”

Dabaie also questioned the credibility and timing of the allegations, noting that they came close to the election.

“I have to ask when these allegations came… there are 25 days left for the election,” he said. “In my opinion, if I look at the facts, I have to question the credibility of these allegations.”

Representative Eric Swalwell speaks at a Capitol press conference about committee assignments.

Attorney Eric Swalwell spoke during a press conference on committee assignments for the 118th Congress at the US Capitol on Jan. 25, 2023, Washington, DC. (Kevin Dietsch/Getty Images)

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As Michaelson cited evidence presented in the report, including medical records and contemporaneous text messages, Dabaie declined to go into specifics.

“I prefer not to go into those details at this time,” he said. “The investigation is ongoing, and I plan to fight for congressional rights.”

Dabaie continued that the campaign will continue despite calls from Reps. Adam Schiff and Ruben Gallego, among other Democratic allies, to withdraw.

Attorney Eric Swalwell and Kash Patel in separate photos

Attorneys for Rep. Eric Swalwell, D-Calif., have threatened the FBI with legal action if the bureau moves forward with releasing decades-old files related to his relationship with an alleged Chinese spy. (Bill Clark/CQ-Roll Call, Inc/Getty Images Michael M. Santiago/Getty Images)

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“From now on, yes, he intends to continue his campaign,” said Dabaie.

“The idea that all these people have supported, I suspect that there is political machinations behind the scenes that explain why the Democratic Party has decided to try to rig the vote to make sure that the Democratic candidate wins. So it’s not surprising to see that.”

Dabaie said the legal team is considering the next steps after sending cease and desist letters to some of the accusers.

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“We believe that these allegations are false,” he said. “Once we had enough information to determine who was doing it, we sent out letters to stop it. And now we’re looking at all the legal options available.”

“I haven’t seen any evidence of that ever happening.”

Fox News Digital has reached out to Congressman Swalwell’s office and his gubernatorial campaign for additional comment.

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