Attorneys for U.S. Representative Eric Swalwell sent a cease-and-desist letter to FBI Director Kash Patel on Monday, demanding he immediately halt any effort to release records from a decade-old investigation involving the California Democrat and a suspected Chinese operative. The probe produced no criminal charges.
Newsweek reached out to the FBI via email on Monday for comment.
Why It Matters
The Justice Department has a longstanding policy against publicly disclosing records from investigations that do not result in charges. Swalwell’s legal team argues Patel’s actions would violate that policy and federal law—and that the effort is politically motivated.
Swalwell is running for governor of California, and his attorneys contend the files’ release is designed to damage his campaign rather than serve any legitimate law enforcement purpose.
What To Know
The investigation dates back to Christine Fang’s contact with Swalwell’s congressional campaign beginning in 2012, when she also participated in fundraising for his 2014 race.
Federal investigators briefed Swalwell and Congress about Fang in 2015, at which point Swalwell says he severed all contact with her. He was never accused of any wrongdoing, and a House Ethics Committee investigation opened in 2021 was closed two years later without any action taken.
The Washington Post first reported that Patel had directed agents to review and redact the files in preparation for release. An FBI spokesperson previously told the Post that the bureau “prepares documents for numerous different reasons” but did not directly address the Swalwell matter.
A Yearslong Target
Monday’s cease-and-desist is the latest chapter in a multiyear effort by Republican leaders to use the Fang investigation against Swalwell. In March 2021, then-House Speaker Kevin McCarthy tried to have Swalwell removed from the House Intelligence Committee over his contact with Fang, citing the same interactions now at the center of Patel’s file review. McCarthy’s resolution was voted down in the then-Democratic-led House. He later said, “If you got the briefing I got from the FBI, you wouldn’t have Swalwell on any committee.”
Democrats pushed back at the time, with then-Intelligence Committee Chairman Adam Schiff noting that Republican leaders—including then-Speaker John Boehner and then-Intelligence Committee Chairman Devin Nunes—were briefed on the Fang situation when it arose and “expressed no opposition to his continued service” on the panel.
In January 2023, McCarthy again moved to block Swalwell’s reappointment to the Intelligence Committee after Republicans reclaimed the House majority, this time succeeding. Democratic Minority Leader Hakeem Jeffries had formally nominated Swalwell for the seat, arguing there was “no precedent or justification” for rejecting him. Swalwell contended it was not the speaker’s place to remove members from committees based on “fabricated stories or political revenge.”
Patel, who listed Swalwell among dozens of perceived Trump adversaries in his 2023 book Government Gangsters, now oversees the FBI files at the center of the latest dispute.
A Broader Feud With the FBI
The cease-and-desist also comes against the backdrop of a heated public clash between Swalwell and Patel over personal security. In November 2025, Swalwell accused the FBI of failing to protect him and fellow Democratic lawmakers from credible threats while providing a protective detail for Patel’s girlfriend, country music singer Alexis Wilkins. The FBI disputed his account, saying Swalwell was “misinformed or being dishonest” and had been contacted by the bureau multiple times.
What People Are Saying
Sean Hecker and Norm Eisen, Swalwell’s attorneys: “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.
“Your actions threaten 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.”
Patel, to Fox News host Laura Ingram in December, via The Ingraham Angle: “If Eric Swalwell wants to come online and talk about what jacket size I wear, I’m happy to send him a women’s medium so him and Fang Fang [Christine Fang] can go out again.”
Swalwell, via X: “Donald Trump and Kash Patel do not get to pick the next governor. Californians do.”
Democratic Representative Jamie Raskin, ranking member of the House Judiciary Committee, in a statement: “The FBI is attempting to smear a sitting U.S. Congressman, candidate for governor, and vocal opponent of the president. What the hell does that have to do with law enforcement? This is plain weaponization of the FBI for partisan political purposes.
“At the behest of the White House, Patel is wasting the resources of the FBI and perhaps violating the Hatch Act by ordering agents to spend hours preparing a political smear file for a personnel vendetta. Rank-and-file agents have objected to this gross abuse of the FBI.
“The abuse of government information is out of control. Trump has not only stolen top-secret government files, apparently for business purposes but used his office to harass and investigate his political targets. Whether it is manipulating a decade-old FBI file or years-old mortgage applications, Trump has shown he will abuse any government database he can get his hands on to fabricate charges against public servants or just smear his political foes in the media.”
What Happens Next
Patel has three days to respond to the cease-and-desist confirming he will stand down. If he does not comply, Swalwell’s legal team has indicated it will pursue legal action.
Reporting from the Associated Press contributed to this article.
