Lawyers for Rep. Eric Swalwell are urging the FBI to halt releasing any files related to a decade-old investigation involving him and a suspected Chinese spy.
The Monday cease-and-desist letter asks FBI Director Kash Patel to stop the release by Wednesday, warning that if the bureau proceeds, legal action will follow.
The California Democrat’s attorneys argue that making the files public would violate federal law and Justice Department policies, which prohibit taking action close to an election.
“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 reads. “Your actions threaten to expose you, others at the FBI, and the FBI itself to significant legal liability. Indeed, disclosure of the investigative file would violate federal law in several respects.”
The probe ultimately resulted in no charges, and Mr. Swalwell was not accused of any criminal wrongdoing. A two-year House Ethics Committee investigation ended in 2023 without taking further action.
Mr. Swalwell cut off contact with Christine Fang, also known as Fang Fang, in 2015 after being made aware of suspicions about her. She reportedly participated in fundraising for the lawmaker’s 2014 campaign cycle.
Over the weekend, The Washington Post reported that Mr. Patel himself is involved in the effort to release the investigative files, and discussions within the bureau include consideration of bringing Ms. Fang to the U.S. to question her about Mr. Swalwell.
The congressman’s lawyers called the effort a “nakedly partisan” attempt to target him, warning that disclosure risks “compromising critical law enforcement sources and methods.”
“Your effort to release material from a long-closed investigation in which the Congressman provided valuable assistance to the FBI and was never accused of wrongdoing serves no valid law enforcement purpose,” they said in the letter.
Mr. Swalwell, a top Democratic contender in California’s gubernatorial race, said the renewed interest in the case is purely political in nature.
“The reason Trump is so desperately trying to stop me is not because I’m running for Governor of California, but because now I’m the favorite,” he said on social media. “But Donald Trump and Kash Patel do not get to pick the next Governor. Californians do.”
