Rep. Eric Swalwell, D-Calif., is asking the FBI not to release files related to his past association with a suspected Chinese intelligence operative named Christine Fang, known as “Fang Fang.”
In a cease and desist letter sent by Swalwell’s lawyers to FBI Director Kash Patel on Monday, Swalwell, a leading Democratic candidate in California’s governor's race, asked that Patel and the FBI agree in writing by Wednesday not to release the files.
“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,” attorneys Norm Eisen and Sean Hecker wrote. “Your actions threaten to expose you, others at the FBI, and the FBI itself to significant legal liability.”
The Washington Post reported last week that Patel himself is working to release a decade-old investigative file involving Swalwell and Fang, who allegedly sought to develop ties to politicians in California and elsewhere, despite no evidence of wrongdoing by the congressman. The Post first reported the letter from Swalwell, who is an outspoken critic of President Donald Trump.
Swalwell has denied any wrongdoing in his previous association with Fang and his lawyers repeated in their letter that he assisted in the FBI investigation of her.
The letter suggested that releasing the investigative files would violate Swalwell’s First Amendment rights, a 1974 law that bars the release of such records without written consent from the subject of the files, and the Justice Department’s own regulations — and that his attorneys could take further legal action if necessary.
“The release of the investigative files would violate longstanding U.S. Department of Justice rules, including those barring federal agents from using their authority to attempt to influence an election,” Eisen and Hecker wrote. “Any attempt to undermine his campaign through the release of the files would run afoul of section 9-85.500 of the Justice Manual, which explicitly states that 'agents may never select the timing of any action, including . . . statements, for the purpose of affecting any election, or for the purpose of giving an advantage or disadvantage to any candidate.'”
Neither Swalwell's office nor the FBI responded to NBC News' requests for comment.
In a statement on X over the weekend, Swalwell wrote, “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.
"But Donald Trump and Kash Patel do not get to pick the next Governor. Californians do,” he wrote.
California’s will hold its "jungle" primary June 2. Under the state's election rules, the two candidates who get the most votes, regardless of their party, will proceed to the general election in the fall.
