Swalwell vs. FBI: Congressman Threatens Legal Action Over Decade-Old Spy File

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Lawyers Send Cease-and-Desist to Director Kash Patel — 34 Days Before California Votes

Attorneys for U.S. Representative Eric Swalwell (D-Calif.) fired off a cease-and-desist letter to FBI Director Kash Patel on Monday, demanding that the bureau immediately abandon any plans to release files from a decade-old federal investigation. The probe, which involved Swalwell's past contact with a suspected Chinese intelligence operative, produced no criminal charges.

The letter gives Patel a three-day deadline to confirm in writing that he will stand down. If he does not comply, Swalwell's legal team has warned it will pursue court action.

What Is This About?

The case centers on Christine Fang — known widely as "Fang Fang" — a Chinese national suspected of working as an intelligence operative for Beijing. Fang helped fundraise for Swalwell's 2014 House re-election campaign and placed at least one intern in his office.

Swalwell cut off all ties with Fang in 2015, after the FBI informed him that she was suspected of being part of a Chinese influence operation. No criminal charges were ever filed against him. A House Ethics Committee investigation also concluded in 2023 without finding any violations.

Why Now?

The timing is significant. California's open gubernatorial primary is scheduled for June 2, and early voting begins in early May — meaning Patel's reported move comes just weeks before ballots are cast.

According to three people familiar with the matter, Patel dispatched agents in the FBI's San Francisco office to quickly redact the files in preparation for a public release — despite no public evidence of wrongdoing by Swalwell. The Washington Post first reported this development on March 28.

Swalwell is currently one of the leading candidates in the governor's race. He told CNN's Brianna Keilar on Monday: "It's not lost on me that we're 34 days until Californians start voting. We've consistently been in the lead in this governor's race. And the president wants a Western White House."

The Legal Arguments

Swalwell's attorneys, Sean Hecker and Norm Eisen, lay out three main legal objections in their letter.

Privacy Act of 1974: The lawyers cited a 1974 federal law that bars the release of such records without written consent from the subject of the files.

DOJ Policy: The Justice Department has a longstanding policy against publicly disclosing records from investigations that did not result in charges. Releasing the Swalwell files would break with that tradition.

First Amendment: The attorneys argued the disclosure risks "compromising critical law enforcement sources and methods" and that the effort represents "a nakedly partisan attempt to target Congressman Swalwell based on his political views — in clear violation of the First Amendment."

The FBI's Response

The FBI rejected claims of political motives, telling The Washington Post: "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." The bureau did not directly address the Swalwell matter in that statement.

A Long-Running Political Battle

The dispute between Swalwell and Patel is not new. Patel listed Swalwell among dozens of perceived Trump adversaries in his 2023 book "Government Gangsters."

Republican leaders have made multiple attempts over the years to use the Fang investigation against Swalwell. In March 2021, then-House Speaker Kevin McCarthy tried to have him removed from the House Intelligence Committee over his contact with Fang — but the resolution was voted down by the then-Democratic-led House.

In January 2023, McCarthy tried again after Republicans reclaimed the House majority, this time succeeding in blocking Swalwell's reappointment to the Intelligence Committee.

What Legal Experts Say

Not everyone agrees the cease-and-desist will hold up. Law professor Jonathan Turley commented that Swalwell may have no case against disclosure if privacy protocols are properly followed — though Turley added he personally finds such disclosures troubling when no criminal activity has been established.

Swalwell called any release of the files "corruption," urging FBI agents to resist political pressure: "You can either enable Kash Patel and Donald Trump's corruption and rot... or you can say, 'That's not who we are, that's not what we do.'"

What Happens Next

Patel's deadline to respond expires on April 2. If the FBI proceeds with a release, Swalwell's attorneys have pledged to pursue legal action — a confrontation that would land in federal court with a California primary election as its backdrop.

Rep. Jamie Raskin (D-Md.) also publicly criticized Patel's reported plans, asking: "What the hell does that have to do with law enforcement?"

The broader question — whether a sitting FBI director can release closed investigative files on a political candidate weeks before an election — now moves toward a potential legal and constitutional showdown.

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Sources

1. NBC News – Swalwell cease-and-desist letter to FBI: https://www.nbcnews.com/politics/trump-administration/eric-swalwell-cease-desist-letter-fbi-kash-patel-suspected-chinese-spy-rcna266005
2. The Washington Post – FBI Director Patel's push to release Swalwell files: https://www.washingtonpost.com/politics/2026/03/28/fbi-patel-eric-swalwell/
3. The Washington Post – Swalwell cease-and-desist letter: https://www.washingtonpost.com/politics/2026/03/30/swalwell-patel-cease-desist-letter/
4. The Hill – Swalwell attorneys warn FBI against releasing files: https://thehill.com/homenews/administration/5808566-swalwell-patel-fbi-chinese-spy-investigation/
5. Newsweek – Swalwell lawyers warn Kash Patel: https://www.newsweek.com/swalwell-lawyers-warn-kash-patel-over-chinese-spy-case-files-11760190
6. Associated Press (via Fox News) – Cease-and-desist letter obtained by AP: https://www.foxnews.com/politics/swalwell-threatens-fbi-legal-action-patel-reportedly-weighs-fang-fang-files-release

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