Gary Grumbach is an NBC News legal affairs reporter, based in Washington, D.C.
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 Department of Justice’s own regulations — and that his attorneys could take further legal action if necessary. “The release of the investigative files would violate longstanding U.S. Department of Justice rules, including those barring federal agents from using their authority to attempt to influence an election,” Eisen and Hecker wrote. “Any attempt to undermine his campaign through the release of the files would run afoul of section 9-85.500 of the Justice Manual, which explicitly states that 'agents may never select the timing of any action, including . . . statements, for the purpose of affecting any election, or for the purpose of giving an advantage or disadvantage to any candidate.'” Neither Swalwell's office nor the FBI responded to NBC News' requests for comment. In a statement on X over the weekend, Swalwell wrote, “The reason Trump is so desperately trying to stop me is not because I’m running for Governor of California, but because now I’m the favorite. 'But Donald Trump and Kash Patel do not get to pick the next Governor. Californians do,” he wrote. California’s will hold its 'jungle' primary June 2. Under the state's election rules, the two candidates who get the most votes, regardless of their party, will proceed to the general election in the fall.
United States Latest News, United States Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Swalwell accuses Trump of trying to influence California governor's race with old FBI filesCalifornia gubernatorial candidate Rep. Eric Swalwell says FBI Director Kash Patel's push to release decade-old case files is a Trump hit job.
Read more »
FBI investigation into Eric Swalwell could tip scales in crowded California gubernatorial raceThe FBI directive to revisit records from a decade-old inquiry tied to Rep. Eric Swalwell (D-CA) could help him in the gubernatorial race.
Read more »
Lawyers for Rep. Swalwell demand that FBI director halt any plan to release old investigative fileLawyers for Rep. Eric Swalwell are demanding that FBI Director Kash Patel immediately end any effort to release decade-old files from an investigation involving the California Democrat and a suspected Chinese spy that resulted in no criminal charges.
Read more »
Lawyers for Rep. Swalwell demand that FBI director halt any plan to release old investigative file -WASHINGTON (AP) — Lawyers for Rep. Eric Swalwell demanded Monday that FBI Director Kash Patel immediately end any effort to release records from a decade-old
Read more »
Eric Swalwell escalates war with FBI chief Kash Patel over Fang Fang scandalToday's Video Headlines: 3/30/2026
Read more »
Lawyers for Rep. Swalwell demand that FBI director halt any plan to release old investigative fileLawyers for Rep. Eric Swalwell are demanding that FBI Director Kash Patel immediately end any effort to release decade-old files from an investigation involving the California Democrat and a suspected Chinese spy that resulted in no criminal charges.
Read more »