Attorney Eric Swalwell warns FBI about possible release of ‘Fang Fang’ spy files

Representative Eric Swalwell, D-Calif., is threatening to take legal action against the Federal Bureau of Investigation (FBI) as it is reportedly considering releasing potentially damaging files weeks before he faces voters in California’s open gubernatorial race.

Swalwell’s lawyers sent a cease-and-desist letter to FBI Director Kash Patel, warning the bureau that it would violate federal privacy laws if it went ahead with releasing records related to the congressman’s decade-long relationship with a suspected Chinese spy named Christine “Fang Fang” Fang.

“[Y]our effort to release the file is a clear attempt to smear him and undermine his campaign for Governor of California,” Swalwell’s attorneys, Sean Hecker and Norm Eisen, said in a recent letter to Patel obtained by the Associated Press. Indeed, the disclosure of the investigative file would violate federal law in several ways.”

The FBI did not immediately respond to a request for comment.

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The letter comes as the Washington Post first reported that Patel was weighing the release of investigative records related to Swalwell’s past relationship with Fang, who is accused of cultivating relationships with Swalwell and other California Democrats for espionage purposes.

The suspected Chinese spy helped fundraise for Swalwell’s 2014 House re-election campaign and put at least one student in his office. Swalwell cut ties with Fang in 2015 after the FBI alerted him to an alleged Chinese-influenced campaign.

The Justice Department did not pursue criminal charges at the time and Swalwell has denied any wrongdoing. An investigation launched by the House Ethics Committee also concluded in 2023 without accusing Swalwell of any wrongdoing.

Attorneys for Rep. Eric Swalwell, D-Calif., have threatened the FBI with legal action if the bureau moves forward with releasing decades-old files related to his relationship with an alleged Chinese spy. (Bill Clark/CQ-Roll Call, Inc. via Getty Images; Michael M. Santiago/Getty Images)

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Swalwell’s attorneys also accused Patel of violating a long-standing rule by the DOJ that bars law enforcement from taking any public action against political candidates in the two months before an election.

Early voting for California’s June 2 gubernatorial primary begins in early May. Swalwell is vying to be one of the top two pollsters heading into the general election after jumping into the race in late 2025.

“It has not dawned on me that there are 34 days until Californians go to the polls,” Swalwell told CNN’s Brianna Keilar on Monday. “We have been leading the race. And the president wants the Western White House.”

Swalwell is a vocal critic of President Donald Trump and served as impeachment manager during his second impeachment in 2021, following the January 6 attack on the US Capitol.

The California Democrat has also been criminally referred to the DOJ for alleged mortgage fraud.

Rep. Eric Swalwell, D-Calif., has denied wrongdoing about his relationship with Fang and has not been charged with a crime. (Getty Images)

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Rep. Jamie Raskin, D-Md., also criticized Patel for reportedly advocating the release of the so-called “Fang Fang” files.

“What does this have to do with the arm of the law?” Raskin said Saturday. “This is an obvious weapon of the FBI for political purposes.”