Kash Patel's FBI Targets Swalwell With Decade-Old Spy Files as Smear Campaign Gains Steam

FBI Director Kash Patel has directed agents in San Francisco to prepare decade-old case files for public release targeting Rep. Eric Swalwell, a leading Democratic candidate for California governor, according to the Washington Post. The move represents an extraordinary breach of FBI protocol -- releasing investigative materials from a case that never resulted in criminal charges and explicitly cleared its subject of wrongdoing.

Swalwell's attorneys have filed a cease and desist letter with Patel and the FBI. No documents have been released as of Tuesday.

The FBI's actions come as Swalwell faces a coordinated online smear campaign alleging inappropriate relationships with young congressional staffers. Democratic strategists, Washington insiders, and social media influencers have spent weeks amplifying unsubstantiated claims that Swalwell behaved sexually inappropriately with women on his staff and forced them to sign nondisclosure agreements.

"This false, outrageous rumor is being spread 27 days before an election begins by flailing opponents who have sadly teamed up with MAGA conspiracy theorists because they know Eric Swalwell is the frontrunner in this race," said Micah Beasley, a spokesman for Swalwell's campaign.

The Times has not independently corroborated reports of inappropriate behavior. Beasley categorically denied the allegations: "In 13 years, no one in Eric Swalwell's Congressional office has ever been asked to sign an NDA. Ever. In 13 years, not a single ethics complaint by any staff in his office or any other office has ever been lodged. Ever."

The Chinese Spy Investigation That Went Nowhere

The FBI case files Patel wants released concern Swalwell's contact with Christine Fang, also known as Fang Fang, a suspected Chinese intelligence operative who volunteered for his congressional campaign and helped raise money. Intelligence officials briefed Swalwell and other members of Congress in 2015 about Chinese efforts to infiltrate the legislative body. Swalwell immediately cut off all contact with Fang.

The investigation never accused Swalwell of wrongdoing. He was cleared by both the FBI and a Republican-led House Ethics Committee. In a November interview with the Times, Swalwell said he cooperated fully with investigators and was told he had done nothing improper.

Patel's decision to release case files from a closed investigation that exonerated its subject is highly unusual. The FBI typically does not make public investigative materials unless charges are filed or there is significant public interest that outweighs privacy concerns. In this case, the only apparent public interest is political: Swalwell is polling as one of the top Democratic candidates to replace termed-out Gov. Gavin Newsom.

Recent polling compiled by Real Clear Politics shows Swalwell with 13.7% support, trailing only Republican Steve Hilton at 14.7%. The governor's race is effectively tied among the leading candidates.

Weaponizing the FBI Against Political Opponents

Swalwell has accused President Trump of trying to influence the governor's race through the FBI's actions. The timing supports that claim. Patel, a Trump loyalist who has publicly called for prosecuting journalists and government officials who investigated Trump, took over the FBI specifically to purge the agency of perceived enemies and turn it into a political weapon.

Releasing files from a closed investigation to damage a political candidate running in a state election would represent exactly the kind of abuse of power that critics warned about when Trump installed Patel. The FBI is supposed to operate independently of political considerations. Patel has made clear he believes the opposite -- that the bureau should serve Trump's interests.

The coordinated nature of the attacks on Swalwell -- online smears amplified by political operatives, followed by the FBI preparing to release damaging materials from a case that cleared him -- suggests a deliberate strategy to knock a leading Democratic candidate out of the race or severely damage his standing before California's primary voting begins.

Swalwell's campaign has not backed down. "Eric Swalwell is the frontrunner in this race," Beasley said, framing the attacks as a sign of desperation from opponents who cannot compete on the issues.

The FBI has not commented on Patel's directive or the timeline for any potential release of documents. Swalwell's cease and desist letter argues that making the files public would violate his privacy rights and amount to political interference in a state election.

Whether Patel proceeds with the release will test how far Trump is willing to go in using federal law enforcement as a tool of political retribution -- and whether anyone in the FBI will push back against orders that turn the bureau into an arm of the Trump campaign.