Eric Swalwell's Attorneys Urge FBI to Halt Release of Chinese Spy Investigation

Attorneys for Representative Eric Swalwell have formally requested that FBI Director Kash Patel immediately cease any plans to release documents related to a ten-year-old investigation.

This inquiry, which involved the California Democrat and an alleged Chinese spy, concluded without any criminal charges against Swalwell.

In a letter dispatched on Monday, Swalwell's legal team cautioned Patel that moving forward with the release of these investigative records would violate federal law and established Justice Department protocols. They are demanding a response within three days to confirm adherence to their request, warning of potential legal action if the files are made public.

"The Congressman has never faced accusations of misconduct in this matter, and your intention to disclose the file appears to be a blatant effort to tarnish his reputation and disrupt his gubernatorial campaign in California," the letter from Swalwell’s lawyers, Sean Hecker and Norm Eisen, asserted. They further warned, "Your actions could expose you, others at the FBI, and the agency itself to considerable legal repercussions. In fact, releasing the investigative file would breach federal law in multiple ways."

Reports indicate that Patel has instructed agents to review and redact materials from the investigation in anticipation of their release, despite the rarity of the Justice Department publicly disclosing records from criminal inquiries that do not lead to charges. An FBI spokesperson did not respond immediately to requests for comment but previously indicated that the FBI “prepares documents for numerous different reasons.”

The investigation focused on Swalwell's interactions with Christine Fang, a suspected operative who engaged with Swalwell's campaign during his initial run for Congress in 2012 and assisted in fundraising for his 2014 campaign.

Federal investigators raised concerns about Fang and briefed Congress on the matter in 2015, prompting Swalwell to sever ties with her. He has not been accused of any wrongdoing, and a House Ethics Committee inquiry initiated in 2021 concluded two years later without any action taken.

Swalwell has been a prominent critic of former President Donald Trump, serving as one of the House managers during Trump's second impeachment trial. He has also had public disputes with Patel, who included Swalwell among numerous perceived adversaries of Trump in his 2023 book titled “Government Gangsters.”