Lawyers for Representative Eric Swalwell have sent a cease-and-desist letter to FBI Director Kash Patel, demanding an immediate halt to any efforts to release records from a decade-old investigation into the California Democrat's contacts with a suspected Chinese operative.
The investigation, which concluded without any charges against Swalwell, has become the subject of controversy after reports that Patel directed agents to review and redact the files for possible release. Swalwell's attorneys argue that such a move would violate federal law and longstanding Justice Department policy.
In the letter, attorneys Sean Hecker and Norm Eisen stated: "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." They warned that disclosure would expose the FBI to significant legal liability.
The probe focused on Swalwell's interactions with Christine Fang, a suspected Chinese operative who was involved in fundraising for his 2014 congressional campaign. Federal investigators briefed Congress about Fang in 2015, after which Swalwell says he cut off contact. A subsequent House Ethics Committee investigation closed without action in 2023.
Swalwell, a vocal critic of President Donald Trump who served as a House manager during Trump's second impeachment, has clashed with Patel before. Patel named Swalwell in his 2023 book "Government Gangsters" as one of dozens of perceived adversaries of Trump.
The FBI has not commented on the letter. The Washington Post first reported Patel's directive to review the files, noting it is highly unusual for the Justice Department to release records from investigations that did not result in charges.
