Swalwell Lawyers Demand FBI Halt Release of Old Investigative File

Congressman's attorneys warn of legal action if decade-old records are made public.

Mar. 31, 2026 at 1:09am

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A quiet, cinematic painting of an empty government office space with warm, diagonal sunlight and deep shadows, conveying a sense of political tension and uncertainty.The release of an old investigative file could cast a long shadow over Congressman Swalwell's gubernatorial campaign.Washington Today

Lawyers for Democratic Congressman Eric Swalwell have issued a cease-and-desist letter to FBI Director Kash Patel, demanding that he immediately halt any effort to release records from a decade-old investigation involving Swalwell and a suspected Chinese operative. The investigation, which did not result in any criminal charges, is being reviewed by the FBI for potential public disclosure, a highly unusual move that Swalwell's attorneys say would violate federal law.

Why it matters

The investigation into Swalwell's contacts with a suspected Chinese intelligence operative has been a source of political controversy, with the Congressman's critics accusing him of improper ties. The potential release of the investigative file could reignite those attacks as Swalwell runs for governor of California, making this a high-stakes political battle.

The details

In 2015, federal investigators alerted Swalwell to their concerns about his interactions with Christine Fang, a suspected Chinese intelligence operative. Fang had cultivated ties with Swalwell's campaign when he was first running for Congress in 2012 and participated in fundraising for his 2014 campaign. Swalwell says he cut off contact with Fang after being briefed by investigators. A House Ethics Committee investigation opened in 2021 but closed two years later without any action.

  • The investigation into Swalwell's contacts with Fang occurred around 2015.
  • The House Ethics Committee investigation was opened in 2021 and closed in 2023.

The players

Rep. Eric Swalwell

A Democratic Congressman from California who is running for governor. He was the subject of a decade-old investigation involving a suspected Chinese operative, but was not accused of any wrongdoing.

Kash Patel

The current FBI Director, who has been directed by Swalwell's lawyers to halt any effort to release records from the investigation into the Congressman's contacts with a suspected Chinese operative.

Christine Fang

A suspected Chinese intelligence operative who cultivated ties with Swalwell's campaign when he was first running for Congress in 2012 and participated in fundraising for his 2014 campaign.

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What they’re saying

“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.”

— Sean Hecker and Norm Eisen, Swalwell's Attorneys

“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.”

— Sean Hecker and Norm Eisen, Swalwell's Attorneys

What’s next

Patel has been given a three-day deadline to confirm that he will comply with Swalwell's demand to halt the release of the investigative file. Failure to do so could result in legal action from Swalwell's attorneys.

The takeaway

This case highlights the ongoing political tensions surrounding Congressman Swalwell's past contacts with a suspected Chinese operative, and the high-stakes battle over the potential release of an old investigative file that could impact his gubernatorial campaign.