Why Democrats Are Accusing the FBI of Trying to ‘Smear’ Rep. Eric Swalwell

Democrats are accusing the FBI of attempting to “smear” California Rep. Eric Swalwell, who is one of the leading Democratic candidates in his state’s gubernatorial race and an outspoken critic of President Donald Trump.

Democrats’ outrage stems from reporting by the Washington Post on Saturday that FBI Director Kash Patel is seeking to publicly release a decade-old investigative file regarding Swalwell’s past connection to a woman suspected of being a Chinese intelligence operative, despite the fact that the Congressman has not been accused of any wrongdoing.

Swalwell’s attorneys sent a cease and desist letter to Patel on Monday, demanding that the FBI not release the file, the Post first reported. Several of Swalwell’s Democratic colleagues have condemned the FBI’s actions.

“The FBI is attempting to smear a sitting U.S. Congressman, candidate for governor, and vocal opponent of the president,” Maryland Rep. Jamie Raskin, Ranking Member of the House Committee on the Judiciary, said in a statement on Saturday. “What the hell does that have to do with law enforcement? This is plain weaponization of the FBI for partisan political purposes.”

Here’s what to know about the situation.

What file is the FBI reportedly trying to release?

The file is related to Swalwell’s past association with Christine Fang, also known as “Fang Fang,” who reportedly sought to establish relationships with California politicians, including Swalwell, the Post reported. 

Swalwell has said he cut off ties with Fang Fang after federal agents expressed concerns about her to him around 2015. Swalwell said that he assisted investigators who were conducting a probe into the situation. He was not accused of wrongdoing, and in 2023, the House Ethics Committee ended a probe it opened into Swalwell’s alleged ties to Fang, deciding not to take any action.

How has Swalwell responded to the FBI’s reported push to release the files?

Swalwell shared a statement in response to the Post’s reporting on social media.

“Through great reporting, we now know the outrageous ends the White House will go to target political opponents,” he said on Saturday. “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. But Donald Trump and Kash Patel do not get to pick the next Governor. Californians do.”

In the cease and desist letter Swalwell’s lawyers sent Patel on Monday, they requested that the FBI agree within three days not to publicize the documents, the Post reported. His attorneys said in the letter that any additional move by the FBI to release the files could result in them taking legal action against the agency. His lawyers argued that releasing the files would violate multiple laws, including the federal Privacy Act of 1974, which bars agency records relating to an individual from being released without their written consent except in certain circumstances.

“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,” his lawyers wrote. “Your actions threaten to expose you, others at the FBI, and the FBI itself to significant legal liability.”

How has the FBI responded to the reporting?

In the Post’s initial story about Patel’s reported push to release the files, an FBI spokesperson denied any inappropriate motives, saying that “the contentions in this story are incorrect.”

“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,” the spokesperson told the Post.

How have other Democrats responded?

Several Democrats have denounced the FBI’s reported push to release the files. Raskin accused Patel of "wasting the resources of the FBI” and “ordering agents to spend hours preparing a political smear file for a personnel vendetta.”

“The abuse of government information is out of control,” Raskin continued. “These exploitations of public office and DOJ files to attack political opponents are in service of Donald Trump’s desperate effort to distract from the disastrous policy failures of this Administration.”

California Sen. Adam Schiff characterized the situation as an “abuse of the FBI” that “is as dangerous as it is unlawful.”

“Time and again, the President and his appointees have weaponized the Department of Justice against those who dare stand up to Trump,” Schiff said in a post on X on Saturday. “There is not doubt Trump and Kash Patel will stop at nothing to try to tell Californians who their next governor should be. But Californians are tough and will not be intimidated. We make our own decisions, and will not be moved by the desperate actions of any king or wannabe despot.”

Swalwell is one of 10 prominent candidates—eight Democrats and two Republicans—who are running in California’s crowded race for governor. The primary election will be held on June 2.

The two candidates who receive the most votes in the primary race—regardless of their party—will move on to the general election in November. Recent polling has raised concerns among Democrats that the large number of Democratic candidates in the race could split the vote and allow the two Republicans, Steve Hilton and Chad Bianco, to advance to the general election, despite Democrats’ significant edge among registered voters in the state. 

Multiple polls released this month have shown Swalwell as among the top Democratic candidates in the race, and as leading at least one of the Republicans, indicating that he may be poised to make the November ballot.