OAN Staff Brooke Mallory
7:15 PM – Tuesday, March 31, 2026
Democrat Representative Eric Swalwell intensified his clash with the FBI on Monday, threatening Director Kash Patel with legal action over reports that the bureau plans to publicly release decade-old investigative files related to his past ties to a Chinese intelligence operative.
The confrontation between the 45-year-old congressman and the FBI represents a high-stakes moment at the intersection of national security, privacy, and politics.
Central to the dispute is the reported move by Patel to disclose files detailing Swalwell’s previous association with a Chinese woman named Christine Fang, whom the FBI had long suspected was working as a Chinese intelligence operative.
In response, Swalwell’s legal team has since issued a high-stakes “ultimatum,” threatening legal action and describing the proposed disclosure as a politically motivated attempt to derail his current gubernatorial campaign in California.
The legal strategy employed by Swalwell’s counsel centers on the protections afforded by the Privacy Act of 1974. By issuing a formal cease-and-desist letter, Swalwell’s legal team argues that federal agencies are generally prohibited from disclosing records about an individual without their explicit consent.
Additionally, they contend that the release would “violate First Amendment protections” by targeting Swalwell. The defense cited Department of Justice (DOJ) norms, specifically the “60-day rule,” which advises against law enforcement actions that could be perceived as influencing an upcoming election.
Between 2011 and 2015, Christine Fang, a purported Chinese spy, participated in numerous fundraising efforts for Swalwell’s early congressional campaigns. Shortly after the FBI began interviewing her associates, Fang suspiciously left the United States in mid-2015 and has not returned since.
After being briefed by the FBI in 2015 regarding Fang’s suspected activities, Swalwell severed ties. However, when the story first broke, Swalwell’s office declined to answer direct questions about whether the relationship was romantic.
Additionally, in interviews with Politico and CNN, Swalwell refused to discuss the private details of their interaction, instead arguing that the focus should be on the fact that he was targeted by a foreign power.
Meanwhile, despite a two-year probe by the Republican-led House Ethics Committee that concluded in 2023 with no disciplinary action, the matter has been revived under the leadership of Patel, who has long identified Swalwell as a “malign actor” in his previous writings.
However, for Swalwell, the timing of this potential disclosure is being seen as a calculated act of “election interference.” As a candidate in the race for California’s governorship, he has framed the FBI’s actions as a weaponization of federal law enforcement intended to serve the interests of the Trump administration.
During a recent press conference in San Francisco, Swalwell also claimed that the administration seeks to install a “loyalist” in Sacramento and vowed to remain on the offensive against what he described as corrupt actors within the bureau.
The FBI, conversely, has maintained that its actions are consistent with standard procedures for reviewing and preparing documents. A spokesperson for the bureau later stated that such reviews are often conducted to further investigate matters opened under previous administrations or to facilitate inter-departmental transparency.
The three-day deadline Swalwell’s lawyers set in their letter lands around Wednesday. As of Tuesday at 7 p.m. PT, neither Patel nor the DOJ has formally acknowledged the three-day deadline.
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