Democratic Rep. Eric Swalwell, known for his controversial history, recently found himself in the crosshairs of fact-checkers after posting a misleading tweet about former President Trump. Swalwell’s tweet attempted to gloat about the outcome of a civil court case involving author E. Jean Carroll, but he misrepresented the facts.
In his tweet, Swalwell referred to Trump as a “convicted sexual abuser,” which is inaccurate. The former president was found liable for battery and defamation by a Manhattan federal jury on Tuesday, but he wasn’t convicted of anything. The language choice is crucial here since “convicted” refers to criminal cases, whereas Trump’s case was a civil one.
In civil cases, the standard of proof to find someone “liable” is far less stringent than in criminal cases. Civil cases typically adopt a “51 percent” rule, meaning that if at least 51 percent of the evidence favors the plaintiff’s position, it satisfies the standard of proof. There is a significant and marked difference between criminal and civil cases, something a lawmaker like Swalwell should be aware of.
Swalwell’s misleading tweet was quickly met with a Community Note on Twitter, pointing out the inaccuracy of his statement. The comments below his tweet were predominantly critical, with many users calling him out for spreading false information and questioning his motives.
One user wrote, “Just when I think you can’t stoop any lower. Thank you @CommunityNotes.” Another user referenced Swalwell’s past controversies, stating, “Swalwell is the last person who should criticize others of inappropriate sexual acts.”
This incident serves as a reminder of the importance of accurate language and responsible communication from lawmakers, as well as the role of fact-checking in holding them accountable.
