I'd argue intent has more bearing on the overall action in such an instance, in that the intent of the person is to swat them, but the police didn't do it. That's why intent is important in law, and can modify crimes.Last I checked you aren't being swatted if the cops just ask you some questions. At the very least they should have guns drawn. Didn't Simeti say something about cops pointing guns at him?
Also, I don't think you can sue someone for using FOIA.
Anyway, if the report surfaces it should note whether guns were drawn and then we can declare a "winner" to this exceptional slap fight.
Second, you cannot sue someone for requesting something under a FOIA and then publishing it. FOIAs are public records.