FBI Director Kash Patel is pushing for the release of files related to an investigation into Rep. Eric Swalwell's interactions with a suspected Chinese spy, according to reports from the New York Times and the Washington Post.
FBI agents and other personnel in California have been directed to gather and redact sensitive information from documents in preparation for sharing with senior Trump administration officials, according to the New York Times, citing three people familiar with the matter. The files stem from a decade-old counterintelligence probe into a Chinese woman known both as Christine Fang and Fang Fang, who reportedly helped Swalwell with fundraising and placed an intern in his office during the 2014 campaign cycle.
What the Right Is Saying
In a statement to the Washington Post, an FBI spokesperson denied improper motives regarding the investigative files. The contentions in this story are incorrect, the spokesperson told the newspaper. This FBI, being the most transparent in history, prepares documents for numerous different reasons, including for release to different agencies and departments to further review investigations that may have been opened under previous administrations.
FBI leaders have also discussed sending agents to China to talk to Fang because they believe she could have damaging information on the California lawmaker, according to the Washington Post, citing two people familiar with the investigation.
The public release of files in an investigation that did not result in criminal charges would mark a highly unusual step, the Post noted. This would represent a departure from typical FBI protocol regarding pending or closed investigations.
What the Left Is Saying
Swalwell has for years accused the Trump administration of weaponizing the issue against him in retaliation for his criticisms of the president. On Saturday, he suggested the FBI's alleged actions were tied to his rising standing in the California governor's race.
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, Swalwell said in a statement posted on the social platform X. But Donald Trump and Kash Patel do not get to pick the next Governor. Californians do.
Swalwell was not accused of criminal wrongdoing in the original investigation and severed ties with Fang in 2015 after being briefed by U.S. intelligence officials on their suspicions of her. A two-year House Ethics probe into the matter concluded in 2023 without taking any further action.
The California Democrat also said in September that he fully expected to be prosecuted by the Trump administration, pointing to his name in a book written by Patel in which he listed government gangsters who should be held accountable.
What the Numbers Show
Swalwell is leading the Democratic field for governor with 13.4 percent support, according to Decision Desk HQ polling averages. The averages put him about four points behind the current Republican frontrunner, former Fox News host Steve Hilton.
The House Ethics investigation into Swalwell's interactions with Fang lasted two years and concluded in 2023 without taking any further action. The original counterintelligence probe began during the Obama administration and examined Fang's activities between 2011 and 2015.
The Bottom Line
The release of investigative files in a case that did not result in criminal charges would be unusual, legal experts note. If the FBI follows through on its reported plans, it could set a precedent for releasing investigative materials in politically sensitive matters.
Swalwell's gubernatorial campaign has positioned the alleged FBI actions as interference in California's democratic process. The FBI maintains it is simply being transparent. What remains clear is that the decade-old case has become a new point of contention in both federal law enforcement and California politics.
What to watch: Whether the FBI actually releases any documents, how Republicans in Congress respond, and whether Swalwell's polling lead holds as the governor's race progresses.