Lawyers for Representative Eric Swalwell sent a cease-and-desist letter to the F.B.I. on Monday seeking to block the release of files from a decade-old investigation into his ties to a suspected Chinese spy.
Trump administration officials had ordered F.B.I. agents to gather documents from the case, alarming law enforcement officials who said they worried that the material could be released publicly to smear Mr. Swalwell, Democrat of California. He is a prominent critic of President Trump who is running for governor of California.
The Washington Post earlier reported on the letter to F.B.I. Director Kash Patel. The Justice Department and a representative of Mr. Swalwell did not respond to requests for comment.
The investigation dates from more than a decade ago, when F.B.I. counterintelligence agents looked into a Chinese woman, Christine Fang, or Fang Fang, who assisted Mr. Swalwell with fund-raising. The F.B.I. concluded the investigation, and the Justice Department did not bring any criminal charges. The F.B.I. and Justice Department do not typically release derogatory information collected during an investigation about people if the subjects were not charged with a crime.
In the letter, a copy of which was reviewed by The New York Times, Sean Hecker, of the Hecker Fink law firm, listed three reasons why releasing the files would violate federal law and gave the bureau three days to cease and desist, threatening more legal action if it did not comply.
Mr. Hecker said the disclosure would violate Mr. Swalwell’s constitutional right to free speech, as it would amount to “an attempt to punish or suppress” the congressman’s criticism of Mr. Trump and his government. He added that it would violate longstanding Justice Department rules barring federal agents from using their authority to attempt to influence an election. Early voting in the Democratic primary for governor in California begins May 4.
The letter also argued that releasing the files without Mr. Swalwell’s permission would violate the Privacy Act of 1974, which generally prohibits the release of records without the subject’s permission. There are statutory exceptions to that privacy law, including some requests for records through the Freedom of Information Act, or requests by Congress or a court order.
In the matter of the Epstein files, for example, many government records about high-profile figures and private individuals were released because Congress mandated it by law. Many of those records were redacted before release by the Justice Department, which cited the persons’ right to privacy, while other sensitive records were published without limitations.
Alan Feuer, Edward Wong and Devlin Barrett contributed reporting.
Chris Cameron is a Times reporter covering Washington, focusing on breaking news and the Trump administration.
The post Eric Swalwell Sends Cease-and-Desist Letter to F.B.I. Over Case Files appeared first on New York Times.
