Rep. Eric Swalwell (D-Calif.) has sent a cease-and-desist letter to FBI Director Kash Patel demanding the bureau immediately halt any effort to release investigative files tied to his past contact with Christine Fang, a suspected Chinese intelligence operative.
Swalwell’s attorneys gave the FBI three days to confirm it would not release the materials, warning that such an action would prompt a more serious response.
The move follows reports that FBI personnel had been assigned to review and redact the decade-old files, a step seen as preparing them for possible public release.
Swalwell was not charged with wrongdoing in the original investigation involving Christine Fang. His office stated he cut ties with her in 2015 after being briefed by federal agents.
A House Ethics Committee review that concluded in 2023 also ended without action against the California Democrat.
In the letter, Swalwell’s attorneys argued there is no legal basis to release the files and said doing so would expose the FBI to liability. “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,” the letter stated.
The attorneys also asserted that releasing the records could violate federal privacy law and First Amendment protections. They additionally cited longstanding Justice Department practice discouraging public investigative steps close to an election.
The FBI said it prepares documents for a range of reasons, including sharing information with other agencies or reviewing past investigations.
This development occurs as Swalwell runs in California’s governor’s race, where multiple candidates from both parties are competing ahead of the primary.
A separate mortgage-related matter involving Swalwell that surfaced in late 2025 has drawn scrutiny after federal housing officials reviewed allegations tied to his residency declarations. Federal Housing Finance Agency Director William Pulte referred claims to the agency’s inspector general for potential investigation, including a referral to the Department of Justice.
Loan documents indicate Swalwell listed a Washington, D.C., property as his “principal residence,” despite representing a California district and stating he was a permanent resident of that state. The mortgage agreement also includes language warning that false statements about occupancy could trigger default provisions.
