Let’s discuss concerning the Eric Swalwell state of affairs, as a result of it’s, as they are saying within the authorized career, an entire factor.
For the unfamiliar: Swalwell — a California congressman, former presidential candidate, fellow lawyer, and cable information fixture who made a cottage trade out of Trump opposition — resigned from Congress and deserted his California gubernatorial marketing campaign after the underside fell out spectacularly. A CNN investigation revealed April 10 featured 4 ladies describing sexual misconduct by the consultant, together with a former staffer who says he raped her whereas she was closely intoxicated, leaving her bruised and bleeding. That former staffer, who had labored for Swalwell since she was 20 years outdated, mentioned it was really the second time he had nonconsensual sexual contact together with her whereas she was drunk, the primary occurring again in 2019 when she was nonetheless on his employees. Two different ladies alleged that Swalwell despatched them unsolicited specific messages and nude pictures after connecting with them on-line over their shared curiosity in Democratic politics. The allegations describe a constant sample: Swalwell, the married father of three, focused ladies of their twenties who have been discovering their skilled footing, making them really feel particular earlier than escalating to alleged undesirable bodily contact, usually tied to heavy consuming.
Swalwell denied all the pieces, calling the allegations “false” and claiming they got here from political opponents making an attempt to kneecap the frontrunner within the governor’s race, and had his attorneys hearth off cease-and-desist letters to 2 of the accusers inside days of CNN first in search of remark. Neither the denials nor the authorized threats did a lot to cease the bleeding. He dropped his gubernatorial marketing campaign (on April 12) after which, on April 14, resigned from Congress totally. That’s the backdrop. Now right here’s the Biglaw angle, and sure, there may be very a lot a Biglaw angle.
Attorneys at a number of the most recognizable names within the Am Regulation 100 had opened their wallets for Swalwell in a giant means. Donors from DLA Piper, Kirkland & Ellis, Gibson Dunn & Crutcher, White & Case, Paul Hastings, Morrison & Foerster, and others had contributed tens of 1000’s of {dollars} to the Democrat as he championed himself as a rule-of-law crusader and Trump antagonist. For a sure stripe of Biglaw lawyer, Swalwell was catnip — a prosecutor-turned-congressman who spoke their language.
Now those self same donors are doing what one may name a reevaluation.
Neal Manne, a Susman Godfrey associate in Houston who made a $5,000 contribution to Swalwell’s gubernatorial marketing campaign final fall, told Law.com he was caught off guard by the allegations. “I used to be very stunned and upset,” Manne mentioned. “It looks as if he did the appropriate factor in terminating his gubernatorial marketing campaign and resigning from Congress.” Manne contextualized his assist the best way many donors do when the individual they backed seems to be, nicely, this: “[Swalwell] had been energetic within the Home impeachment of President Trump [and] spoke in assist of the rule of regulation, which is one thing that’s vital to me as a lawyer, and so I’ve made a political contribution to him as I’ve lots of of different candidates.” Swalwell is, apparently, simply considered one of them.
Manne wasn’t the one Susman Godfrey associate caught on this explicit dragnet; companions Invoice Carmody, Shawn Rabin, and Stephen Shackelford additionally contributed 1000’s to Swalwell’s now-defunct gubernatorial run.
Kristina Lawson, managing associate at Hanson Bridgett in San Francisco, made two separate $5,000 contributions to the marketing campaign and issued an announcement that left little ambiguity about the place she stands now, “I take these allegations extraordinarily severely and stand with victims of sexual assault and misconduct. I deeply remorse my previous assist.”
That’s the sort of clear, unequivocal assertion disaster PR professionals dream of. Good for her.
However there’s not less than one Biglaw contribution that’s extra problematic.
The DLA Piper political motion committee, in accordance with reporting by Regulation.com, made a $5,000 contribution to the Eric Swalwell for Governor 2026 marketing campaign on April 13 — that’s sooner or later earlier than Swalwell resigned from the Home of Representatives and sooner or later after his gubernatorial marketing campaign was suspended. And the CNN investigation dropping the sexual misconduct allegations — together with an account of rape from a former staffer — revealed on April 10. That’s 4 days earlier than Swalwell resigned, and three days earlier than DLA Piper’s PAC reduce that verify.
Learn that once more slowly: the allegations have been public. The CNN investigation was out. After which the contribution went by means of anyway.
William Minor, the managing associate of DLA Piper’s Washington, D.C., workplace and treasurer of the DLA Piper PAC, has not but commented.
Look, the donors who gave earlier than April 10 have a ready-made protection: they didn’t know. Swalwell was, by Biglaw’s political calculus, a horny candidate; an lawyer who invoked the rule of regulation, opposed Trump loudly and infrequently, and had a believable path to the California governor’s mansion. Manne’s “I’ve given to lots of of individuals” framing is, frankly, a fairly trustworthy account of how large-firm political giving works. You write checks, generally they money awkwardly.
However the DLA Piper PAC contribution has a distinct drawback. The data was already on the market. That’s not a matter of not realizing — that’s a matter of, at minimal, not paying consideration. And for a agency that wish to be seen as taking problems with sexual misconduct severely (as each main regulation agency claims to), the optics are, to place it diplomatically, not nice.
The ladies who got here ahead described a sample of sexual misconduct by Swalwell. One former staffer described years of carrying what occurred to her in silence. “I’ve all the time lived with an enormous secret,” she instructed CNN. “The one one who may smash Eric Swalwell is Eric Swalwell.”
These ladies should have their accounts handled severely. The Biglaw donors who gave in good religion earlier than the allegations surfaced deserve some measure of understanding. And the DLA Piper PAC deserves some pointed questions on its due diligence course of.
Kathryn Rubino is a Senior Editor at Above the Regulation, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the most effective, so please join together with her. Be at liberty to e-mail her with any suggestions, questions, or feedback and observe her on Twitter @Kathryn1 or Mastodon @[email protected].
