Attorneys for Rep. Eric Swalwell (D-California) demanded Monday in a letter to FBI Director Kash Patel that the bureau refrain from releasing decade-old investigative files involving the congressman’s purported ties to a suspected Chinese intelligence operative.
The congressman called for the FBI to agree within three days not to release the files, adding that any further action to release them could prompt him to take legal action. The cease-and-desist letter followed a report from The Washington Post over the weekend that Patel had dispatched agents to review and redact the files in a potential move to ready them for a public release.
Swalwell was not accused of any wrongdoing when the FBI investigated him and the suspected spy, Christine Fang, a decade ago. Swalwell’s congressional office said it had immediately cut ties with Fang when federal agents informed him in 2015 that they were concerned she might be an intelligence operative. More recently, the Republican-led House Ethics Committee closed a two-year investigation into the congressman in 2023 without taking any action.
Swalwell’s attorneys said in their letter that there was no justification for releasing the files, especially since the congressman had assisted the FBI in its investigation.
“The congressman has never been accused of wrongdoing in that matter and your attempt to release the file is a transparent attempt to smear him and undermine his campaign for governor of California,” the letter said. “Your actions threaten to expose you, others at the FBI, and the FBI itself to significant legal liability.”
The FBI did not immediately respond to a request for comment. In responding to The Post’s previous article, a spokesperson said the bureau “prepares documents for numerous different reasons, including for release to different agencies and departments to further review investigations that may have been opened under previous administrations.”
It would be highly unusual for the FBI to release case files tied to a probe that did not result in criminal charges. Swalwell’s attorneys, Sean Hecker and Norman L. Eisen, wrote in Monday’s letter that releasing the Swalwell documents would violate several laws, including the federal Privacy Act of 1974. It would also violate the First Amendment, they added, since it would amount to targeting Swalwell for his outspoken views about President Donald Trump.
The cease-and-desist letter also warned against running afoul of the longstanding Justice Department norm that that law enforcement agents should refrain from taking any public investigatory steps against a political candidate in the 60 days before an election, to prevent even the appearance of the department using its power to sway the vote.
“For these reasons, we demand that you cease and desist from all efforts to publicly disclose any investigative files concerning Congressman Swalwell, including any effort to dispatch agents to gather, redact, and prepare such files for release,” the letter said.
Swalwell has been a vocal critic of Trump, and he and Patel have a history of antagonism. In the 2023 book, “Government Gangsters: The Deep State, the Truth, and the Battle for Our Democracy,” written before he was FBI director, Patel included 60 names of individuals he depicted as malign actors, including Swalwell.
Since taking the helm of the FBI, Patel has assigned multiple agents to explore the possibility of bringing a criminal case against Swalwell, according to people familiar with the matter. There has also been discussion among bureau leaders about the possibility of sending agents to China in an effort to talk to Fang, the people said.
The push to release the investigative files suggests the FBI has struggled to build a criminal case against the Democratic congressman, people interviewed by The Post said. Even if there is no incriminating evidence in the investigative documents, an extensive case file could contain revealing and personal details about Swalwell and his campaign operations.
The matter is particularly delicate because of Swalwell’s role in the California governor’s race.
The top two vote-getters in California’s June 2 gubernatorial primary, regardless of party, will move on to the November general election. Two Republicans currently lead in recent polls, since the numerous Democratic candidates are splitting the vote in the liberal state.
Democratic leaders hope their voters eventually rally behind one or two candidates, and Swalwell is among the leading Democratic hopefuls.
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