Swalwell threatens FBI with legal action as Patel reportedly weighs 'Fang Fang' files release

Rep. Eric Swalwell, D-Calif., is threatening legal action against the Federal Bureau of Investigation (FBI) as it reportedly considers releasing potentially damaging files just weeks before he faces voters in California's wide-open gubernatorial race.

Lawyers for Swalwell sent a cease-and-desist letter to FBI Director Kash Patel, warning the bureau would violate federal privacy law if it moves ahead with releasing records regarding the congressman's decade-old relationship with a suspected Chinese spy named Christine "Fang Fang" Fang. 

"[Y]our attempt to release the file is a transparent attempt to smear him and undermine his campaign for Governor of California," Swalwell's attorneys, Sean Hecker and Norm Eisen, said in a recent letter to Patel obtained by The Associated Press. "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 FBI rejected claims of political motives in a statement to The Washington Post, which it also shared with Fox News Digital. 

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"This FBI, being the most transparent in history, prepares documents for numerous different reasons, including for release to different agencies and departments to further review investigations that may have been opened under previous administrations," an FBI spokesperson said.

The letter comes as The Washington Post first reported that Patel is weighing the release of investigative records related to Swalwell's past relationship with Fang, who is accused of cultivating ties with Swalwell and other California Democrats for espionage purposes. 

The suspected Chinese spy operative helped fundraise for Swalwell's 2014 House re-election campaign and placed at least one intern in his office. Swalwell cut off ties with Fang in 2015 after the FBI alerted him to the suspected Chinese influence campaign.

The Justice Department did not pursue criminal charges at the time and Swalwell has denied any wrongdoing. A probe launched by the House Ethics Committee also concluded in 2023 without accusing Swalwell of any violations.

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Swalwell's lawyers also accused Patel of potentially violating long-maintained DOJ policy that prohibits law enforcement from taking any public investigatory action against political candidates in the two months prior to an election. 

Early voting for California's June 2 gubernatorial primary begins in early May. Swalwell is vying to be among the top two vote-getters that advance to the general election after jumping into the race in late 2025.

"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."

Swalwell is a vocal critic of President Donald Trump and served as an impeachment manager during the president's second impeachment in 2021, following the Jan. 6 attack on the U.S. Capitol.

The California Democrat has also been criminally referred to the DOJ for alleged mortgage fraud.

Rep. Jamie Raskin, D-Md., has also blasted Patel for reportedly advocating for the release of the so-called "Fang Fang" files. 

"What the hell does that have to do with law enforcement?" Raskin said Saturday. "This is plain weaponization of the FBI for partisan political purposes."