Representative Eric Swalwell, a prominent Democrat running for Governor of California, has taken legal action to prevent the Federal Bureau of Investigation (FBI) from disclosing old investigative records concerning him. The files relate to his alleged past connections with Christine Fang, a suspected Chinese intelligence operative often referred to as “Fang Fang.”

Cease-and-Desist Issued to FBI Director

Swalwell's legal counsel delivered a formal cease-and-desist letter to FBI Director Kash Patel on Monday. The letter explicitly demands that Patel and the FBI commit in writing by Wednesday not to release the sensitive files.

The move follows reports from The Washington Post indicating that Patel himself was working toward releasing the decade-old investigative material. These files concern Fang, who reportedly attempted to cultivate relationships with politicians in California and other regions.

Allegations of Political Smear Campaign

Attorneys Norm Eisen and Sean Hecker argued forcefully against the potential disclosure. They asserted that the Congressman has never faced accusations of any wrongdoing regarding the matter.

“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 lawyers stated in their correspondence.

Furthermore, the letter warned that such actions by the FBI could expose Patel, other bureau personnel, and the agency itself to substantial legal repercussions.

Legal Grounds Cited for Blocking Release

Swalwell’s legal team outlined several statutes and regulations they believe the release would violate. These include the First Amendment rights of the Congressman and a 1974 law requiring the subject’s written consent for releasing such records.

The attorneys also referenced the Department of Justice’s own internal regulations. They suggested that further legal action would be pursued if the FBI proceeded with the release.

DOJ Rules Against Election Interference

Eisen and Hecker specifically cited Department of Justice rules prohibiting federal agents from using their authority to influence elections. They pointed to Section 9-85.500 of the Justice Manual.

“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,” the letter read.

The letter further emphasized, “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.'”

Campaign Context and Response

Rep. Swalwell, known for being a vocal critic of President Donald Trump, addressed the situation publicly over the weekend on X (formerly Twitter). He framed the potential release as an attempt by the Trump administration to interfere with the race.

Swalwell stated, “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.” He concluded, “But Donald Trump and Kash Patel do not get to pick the next Governor. Californians do.”

California is scheduled to hold its “jungle” primary election on June 2. Under the state's rules, the top two vote-getters, irrespective of party affiliation, will advance to the general election in the fall.