September 4, 2026
On Sept. 2, 2026, The New York Post spoke with Alexander Wentworth-Ping, Counsel at Schlam Stone & Dolan, on the legal rules governing government surveillance and the unauthorized disclosure of nonpublic investigative information, following a demand by counsel for former United States Representative Eric Swalwell that the government investigate leaks concerning his case.
In the article, the Post reports that Swalwell’s attorney called for an official investigation into unauthorized disclosures after news accounts indicated that the FBI had asked federal air marshals to observe Swalwell aboard an Aug. 8, 2026 flight from Frankfurt to Washington, D.C., in an effort to watch him enter his iPhone passcode.
Alexander calls the reported use of air marshals to obtain Swalwell’s passcodes “extraordinary,” but he adds that it may not violate the law. “Surveillance in a public place is not a Fourth Amendment search,” Alexander tells the Post.
“An air marshal, like any passenger who is in the cabin lawfully and uses the naked eye to observe what is happening in an open space, would not need a warrant. What probably requires protection is if it [the device] is in a closed carry-on bag or a camera is set up in the lavatory,” he adds.
Alexander also notes that bypassing Apple devices’ security mechanisms is notoriously difficult. That may be why the operation was conducted a week before Swalwell’s devices were seized in San Francisco.
Read the full article in The New York Post.