FBI Considers Releasing File on Swalwell's Past Contacts

The FBI is considering the public release of a decade-old investigative file concerning Representative Eric Swalwell's past association with a suspected Chinese intelligence operative. Swalwell, a candidate in California's gubernatorial race, has sent a legal letter seeking to block the release, arguing it is an improper attempt to influence the election.

Background of the Investigation

The files in question relate to an investigation from approximately ten years ago into Swalwell's contacts with Christine Fang, a woman suspected by U.S. authorities of seeking to develop ties with politicians in California and other areas.

The investigation did not result in any criminal charges against Swalwell, who has stated he cooperated with the FBI at the time.

According to a report by The Washington Post, FBI Director Kash Patel directed agents in the bureau's San Francisco office to prepare the case files for potential public release by redacting sensitive information.

Legal Action to Block Release

On Monday, legal representatives for Representative Swalwell sent a cease and desist letter to FBI Director Kash Patel. The letter requested that the FBI refrain from releasing the files and asked for written confirmation by Wednesday that they would not be released.

Swalwell's attorneys, Norm Eisen and Sean Hecker, presented several legal arguments against the release:

• They contend it would violate a 1974 law that generally prohibits the release of such investigative records without the subject's written consent.
• They argue it could infringe upon Swalwell's First Amendment rights.
• They cited U.S. Department of Justice regulations, specifically section 9-85.500 of the Justice Manual, which prohibits federal agents from timing actions to influence elections or advantage or disadvantage candidates.

The lawyers asserted that the release could expose FBI personnel and the agency to legal liability.

Statements from Representative Swalwell

Representative Swalwell has publicly commented on the matter. On the social media platform X, he stated that efforts to release the files were an attempt by former President Donald Trump to impede his campaign for Governor of California.

He emphasized that Californians, not external actors, should determine the outcome of the race.

Current Status and Context

Neither Swalwell's office nor the FBI provided official comment to NBC News regarding the legal letter or the potential file release.

The development occurs ahead of California's primary election on June 2. In this "jungle" primary system, the top two vote-getters, regardless of party affiliation, will advance to the general election. Swalwell is a leading Democratic candidate in the race.