Swalwell's Legal Team Issues Cease-and-Desist Order to FBI Director

Attorneys representing Representative Eric Swalwell (D-Calif.) formally demanded that FBI Director Kash Patel immediately halt any ongoing efforts to disclose decade-old investigative files. These files pertain to an investigation involving the California Democrat and a suspected Chinese intelligence operative that ultimately resulted in no criminal charges being filed.

The demand was delivered via a letter on Monday, threatening potential legal action if the bureau proceeds with the release. Swalwell's legal counsel insists the FBI must agree within three days to refrain from making the documents public.

Context of the Potential File Release

This cease-and-desist action followed a recent report by The Washington Post, which indicated that Director Patel had directed agents to review and redact the files. This review suggested the bureau was preparing the documents for a potential public release.

The original investigation, conducted a decade ago, focused on Swalwell and Christine Fang, the suspected spy. It is crucial to note that Rep. Swalwell was never accused of any wrongdoing during this probe.

Swalwell's Cooperation and Prior Inquiries

Swalwell’s congressional office confirmed that ties with Fang were severed immediately in 2015 after federal agents alerted him to concerns that she might be an intelligence operative. Furthermore, the Republican-led House Ethics Committee concluded a two-year investigation into the congressman in 2023 without taking any punitive action.

In their letter, Swalwell’s lawyers, Sean Hecker and Norman L. Eisen, argued there is no legitimate justification for releasing the files. They stressed that the congressman actively assisted the FBI throughout its investigation.

Allegations of Political Motivation and Legal Threats

The letter explicitly stated: “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 attorneys warned that Patel’s actions could expose the FBI and its personnel to “significant legal liability.”

The legal team asserted that releasing the documents would violate several federal statutes, including the Privacy Act of 1974. They also argued it would infringe upon the First Amendment by targeting Swalwell due to his outspoken criticism of former President Donald Trump.

Justice Department Norms and Political Timing

The cease-and-desist notice also referenced a long-standing Justice Department norm. This norm advises law enforcement agents against taking public investigatory steps concerning a political candidate within 60 days of an election, to avoid the appearance of vote manipulation.

The letter concluded with a firm demand: “For these reasons, we demand that you cease and desist from all efforts to publicly disclose any investigative files concerning Congressman Swalwell, including any effort to dispatch agents to gather, redact, and prepare such files for release.”

History Between Swalwell and Patel

Swalwell has been a prominent critic of Donald Trump, and he and Director Patel share a documented history of antagonism. Before becoming FBI Director, Patel included Swalwell among 60 individuals he characterized as “malign actors” in his 2023 book, Government Gangsters: The Deep State, the Truth, and the Battle for Our Democracy.

Sources familiar with the matter indicate that since Patel took the helm, multiple FBI agents have been tasked with exploring the possibility of pursuing a criminal case against Swalwell. There has also been internal discussion about sending agents to China to interview Fang.

Implications for Swalwell’s Political Future

The push to release the files suggests the FBI has faced difficulties in establishing a criminal case against the Democratic congressman, according to individuals interviewed by The Post. Even without incriminating evidence, extensive case files often contain personal and revealing details about a politician and their campaign operations.

Swalwell is currently among the leading Democratic hopefuls in California’s gubernatorial race. The top two vote-getters in the June 2 primary will advance to the November general election, and current polls show two Republicans leading due to the splitting of the Democratic vote.