WASHINGTON – On Monday, attorneys representing Rep. Eric Swalwell called on FBI Director Kash Patel to immediately halt any plans to release documents related to an investigation from ten years ago that involved the California congressman and a suspected Chinese agent. The investigation concluded without any criminal charges.
In a cease-and-desist letter, Swalwell’s legal team warned Patel that proceeding with the release would breach federal law and violate established Justice Department guidelines. The lawyers requested a confirmation within three days that Patel would adhere to their demand, cautioning that failure to comply could lead to legal consequences.
“The Congressman has never faced allegations of misconduct in this case, and your attempt to disclose the file is a blatant effort to tarnish his reputation and disrupt his gubernatorial bid in California,” wrote attorneys Sean Hecker and Norm Eisen. They further stated, “Your actions could expose you, other FBI officials, and the agency itself to substantial legal liability. The release of such files would contravene federal law in numerous ways.”
The Washington Post revealed that Patel had instructed agents to prepare and redact documents from the investigation for potential release, despite it being highly unusual for the Justice Department to make public records from investigations that do not lead to charges. An FBI spokesperson did not immediately respond to a request for comment from The Associated Press. However, the spokesperson had previously informed the Post that the FBI prepares documents for a variety of purposes.
The investigation revolved around Swalwell’s interactions with Christine Fang, alleged to be a Chinese intelligence operative. Fang reportedly established connections with U.S. politicians, including Swalwell, during his initial congressional campaign in 2012 and was involved in fundraising for his 2014 campaign.
Federal authorities alerted Swalwell in 2015 about their concerns regarding Fang, at which point Swalwell severed ties with her. He was never accused of any wrongdoing, and a House Ethics Committee investigation initiated in 2021 was concluded two years later without any punitive measures.
Swalwell, who is running for governor in California, is a vocal critic of President Donald Trump and served as one of the House managers in the second of two impeachments of Trump during the Republican’s first term. He has also openly clashed with Patel, who named Swalwell and dozens of other perceived adversaries of Trump in a 2023 book he wrote called “Government Gangsters.”
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