Rep. Eric Swalwell sends cease and desist letter to FBI director over old investigative files

Rep. Eric Swalwell is asking the FBI not to release files related to the California Democrat's alleged past connections to a suspected Chinese intelligence operative named Christine Fang, known as “Fang Fang.”In a cease and desist letter sent by Swalwell’s lawyers to FBI Director Kash Patel on Monday, Swalwell, a leading Democratic candidate in California’s governor's race, asked that Patel and the FBI agree in writing by Wednesday not to release the files.

Rep. Eric Swalwell is asking the FBI not to release files related to the California Democrat's alleged past connections to a suspected Chinese intelligence operative named Christine Fang, known as “Fang Fang.”

In a cease and desist letter sent by Swalwell’s lawyers to FBI Director Kash Patel on Monday, Swalwell, a leading Democratic candidate in California’s governor's race, asked that Patel and the FBI agree in writing by Wednesday not to release the files.

“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,” attorneys Norm Eisen and Sean Hecker wrote. “Your actions threaten to expose you, others at the FBI, and the FBI itself to significant legal liability.”

The Washington Post reported last week that Patel himself is working to release a decade-old investigative file involving Swalwell and Fang, who allegedly sought to develop ties to politicians in California and elsewhere, despite no evidence of wrongdoing by the congressman. The Post first reported the letter from Swalwell, who is an outspoken critic of President Donald Trump.

The letter suggested that releasing the investigative files would violate Swalwell’s First Amendment rights, a 1974 law that bars the release of such records without written consent from the subject of the files, and the Justice Department’s own regulations — and that his attorneys could take further legal action if necessary.