Rep. Eric Swalwell (D-CA) has sent a cease-and-desist letter to FBI Director Kash Patel, following reports that the agency is planning to dig up old dirt on the congressman's previous involvement with a suspected Chinese spy.
"The congressman called for the FBI to agree within three days not to release the files, adding that any further action to release them could prompt him to take legal action," said the report. "The cease-and-desist letter followed a report from The Washington Post over the weekend that Patel had dispatched agents to review and redact the files in a potential move to ready them for a public release."
Swalwell, who is currently running in a crowded Democratic primary for governor of California, was briefly acquainted with the suspected intelligence operative, Christine Fang, but cut ties after law enforcement officials warned him he was a target of foreign espionage and turned over everything he knew about her to the FBI.
He has never been accused of any wrongdoing or of disclosing any information, and such influence operations routinely target lawmakers and campaign officials in both parties. However, Republicans have long suggested, with no evidence, that Swalwell was doing something more nefarious or had a romantic relationship with the operative.
In the letter to Patel, Swalwell's attorneys Sean Hecker and Norm Eisen wrote, “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. Your actions threaten to expose you, others at the FBI, and the FBI itself to significant legal liability.”
They added that any release of the files would violate the First Amendment and a number of federal statutes, including the Privacy Act of 1974.