Rep. Eric Swalwell's Lawyers Demand FBI Halt Release of Decade-Old Investigation Records

Attorneys for Rep. Eric Swalwell on Monday called on FBI Director Kash Patel to immediately stop any effort to release records from a closed decade-old investigation involving the California Democrat and a suspected Chinese operative. The demand came in the form of a cease-and-desist letter, which warns that disclosing the materials would violate federal law and longstanding Justice Department policy.

The letter from lawyers Sean Hecker and Norm Eisen argued that releasing the investigative file would not only break legal precedents but also expose Patel and others at the FBI to potential legal consequences. The attorneys allege that the attempt to publicize the file amounts to a political smear ahead of Swalwell's campaign for Governor of California. They asked Patel to confirm within three days that he will not move forward with disclosure, threatening legal action if he declines.

The push to prepare these files for possible public release was first reported by the Washington Post, which noted that the FBI had begun reviewing and redacting documents from the past inquiry, an uncommon step for investigations that resulted in no criminal charges. The FBI did not respond on Monday to new requests for comment, although a spokesperson previously stated the agency routinely prepares documents for a range of reasons.

The original investigation focused on Swalwell's interactions with Christine Fang, a suspected Chinese intelligence operative who engaged with his congressional campaigns between 2012 and 2014. Federal officials alerted Swalwell in 2015 about their concerns, leading him to cut off contact with Fang. He was never accused of any wrongdoing. A separate House Ethics Committee probe opened in 2021 concluded two years later without taking action.

As of Monday, the FBI has not released any records from the investigation. Swalwell's attorneys await a response from Director Patel, and the threat of further legal action remains.