Rep. Eric Swalwell (D-CA) is threatening the FBI with legal action to block the release of investigative records tied to his decade-old relationship with a suspected Chinese spy, just weeks before California voters begin casting ballots in the state’s gubernatorial primary.
Swalwell’s attorneys sent a cease-and-desist letter to FBI Director Kash Patel after The Washington Post reported that Patel is weighing whether to release the files. The letter warned the bureau would violate federal privacy law if it proceeds.
“Your attempt to release the file is a transparent attempt to smear him and undermine his campaign for Governor of California,” Swalwell’s lawyers, Sean Hecker and Norm Eisen, wrote in the letter, obtained by The Associated Press. “Your actions threaten to expose you, others at the FBI, and the FBI itself to significant legal liability.” Swalwell’s lawyers also argued that releasing the files would violate long-standing DOJ policy barring public investigatory actions against candidates within 60 days of an election.
The files relate to Christine “Fang Fang” Fang, a woman federal investigators say cultivated ties with Swalwell and other California Democrats as part of a Chinese intelligence operation. Fang helped fundraise for Swalwell’s 2014 House re-election campaign and placed at least one intern in his congressional office.
The FBI alerted Swalwell to the suspected influence campaign in 2015. He cut ties with Fang shortly afterward. The Justice Department did not pursue criminal charges, and a House Ethics Committee investigation concluded in 2023 without finding any violations.
Swalwell is also under a separate DOJ referral for alleged mortgage fraud, announced earlier this year.
“It’s not lost on me that we’re 34 days until Californians start voting,” Swalwell told CNN’s Brianna Keilar on Monday. “We’ve consistently been in the lead in this governor’s race. And the president wants a Western White House. And the way to do that is to knock out the leading candidate and try and get two Republicans through in our top two primaries. But Californians will pick the next governor, not Donald Trump.”
