WASHINGTON — Legal representatives for California Representative Eric Swalwell issued a formal cease-and-desist order on Monday, instructing FBI Director Kash Patel to immediately stop any efforts to make public documents from a years-old investigation that involved the congressman and an alleged Chinese spy. The inquiry concluded without any criminal charges being filed.
The legal notice warns Patel that releasing these investigative records would violate federal statutes and established Justice Department protocols. Swalwell’s legal team has given the FBI director three days to confirm he will honor their request and cautioned that continued attempts to make the files public will trigger litigation.
“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,” stated the legal notice from Swalwell’s lawyers, Sean Hecker and Norm Eisen. “Your actions threat 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.”
According to initial reporting by The Washington Post, Patel has instructed FBI personnel to examine and redact materials from the investigation in preparation for public release, which represents an unusual departure from standard Justice Department practice of keeping criminal investigation records confidential when no charges result. FBI officials have not responded to requests for comment on Monday, though they previously told the Post that the bureau “prepares documents for numerous different reasons.”
The federal investigation focused on Swalwell’s connections to Christine Fang, a suspected Chinese operative who became involved with Swalwell’s political activities during his initial congressional campaign in 2012 and helped with fundraising efforts for his 2014 race.
Law enforcement officials informed Swalwell about their concerns and provided Congress with information about Fang in 2015, after which Swalwell states he ended all communication with her. No accusations of misconduct were made against him, and a House Ethics Committee review that began in 2021 concluded two years later without taking any action.
Swalwell has been a prominent opponent of President Donald Trump and was selected as one of the House impeachment managers during Trump’s second impeachment proceedings in his initial presidency. He has also had public disagreements with Patel, who included Swalwell among dozens of Trump critics mentioned in his 2023 publication titled “Government Gangsters.”
