Rep. Eric Swalwell, D-Calif., sent a cease-and-desist letter to FBI Director Kash Patel demanding the bureau halt any effort to release investigative files tied to his past contact with a suspected Chinese intelligence operative.
The Washington Post reported that attorneys for Swalwell gave the FBI three days to confirm it would not release the materials, warning that the release 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, a suspected Chinese intelligence operative. His office said 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 said that releasing the records could violate federal privacy law and First Amendment protections. They also 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.
The situation comes as Swalwell is running in California's governor's race, where multiple candidates from both parties are competing ahead of the primary.
A mortgage-related matter involving Swalwell that surfaced in late 2025 drew scrutiny after federal housing officials reviewed allegations tied to his residency declarations.
Government emails reviewed by Reuters showed Federal Housing Finance Agency Director William Pulte referred claims from The Gateway Pundit to the agency's inspector general for potential investigation, including a possible referral to the Department of Justice.
The report cited loan documents indicating 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 report also highlighted language in the mortgage agreement warning that false statements about occupancy could trigger default provisions.
Jim Mishler ✉
Jim Mishler, a seasoned reporter, anchor and news director, has decades of experience covering crime, politics and environmental issues.
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