FBI Director Kash Patel is pressing to publicly release a decade-old investigative file involving a prominent Democratic critic of President Donald Trump and a suspected Chinese intelligence operative, although the lawmaker was never formally accused of wrongdoing.
Patel has directed San Francisco FBI agents to quickly redact the files for public release as part of an aggressive campaign to investigate Rep. Eric Swalwell (D-CA), a vocal Trump critic and Democratic gubernatorial candidate, but the highly unusual move has raised concerns within the law enforcement bureau, reported the Washington Post.
"Swalwell was not accused of any wrongdoing when the FBI investigated his relationship with Fang a decade ago," the Post reported. "In 2023, the Republican-led House Ethics Committee closed a two-year investigation into the congressman, deciding to 'take no further action.'"
The investigation centers on Christine Fang, a Chinese national who cultivated relationships with California politicians from 2011 to 2015. Fang helped fundraise for Swalwell's 2014 re-election campaign and placed an intern in his office, but when FBI agents alerted Swalwell to concerns about Fang around 2015, he severed ties and cooperated with investigators.
"FBI leaders have recently suggested in internal discussions that the government could try to arrange for Fang to get a U.S. visa in exchange for speaking with FBI agents about the Democrat," three sources with knowledge of Patel's efforts told the newspaper. "It would be highly unorthodox to grant a visa to a person suspected of being an intelligence agent for a foreign superpower."
FBI insiders have raised concerns that releasing the files could compromise law enforcement sources and investigatory methods while damaging the bureau's ability to recruit witnesses. Some also worry about dispatching agents to an adversarial nation to gather political intelligence on a sitting congressman.
An FBI spokesperson denied improper motives, stating the bureau "prepares documents for numerous different reasons" including review by other agencies.
The Trump administration has used federal law enforcement against political opponents, including criminal cases against former FBI Director James Comey and New York Attorney General Letitia James. A judge threw out both indictments, ruling the prosecuting attorney was unlawfully appointed.
Patel previously listed Swalwell among 60 names in an appendix to his 2023 book, a compilation widely characterized as an enemies list. When asked at a congressional hearing whether he would recuse himself from investigations involving listed individuals, Patel declined.
The California gubernatorial primary occurs June 2, raising questions about timing under Justice Department policy discouraging investigatory actions against political candidates within 60 days of elections.