Kash Patel is pushing to expose a decade-old FBI file on Trump critic Eric Swalwell, but his own agents are alarmed by what he’s doing

FBI Director Kash Patel is pushing to release an old investigative file on Congressman Eric Swalwell (D-California), a vocal critic of President Donald Trump. The move has raised serious concerns among Patel’s own colleagues at the FBI. The file involves Swalwell and a suspected Chinese intelligence operative, and there is no evidence of any wrongdoing by the congressman.

The investigation dates back to 2011 and involves a woman named Christine Fang, also known as Fang Fang. She reportedly helped with fundraising for Swalwell’s 2014 reelection campaign and even placed an intern in his congressional office. When federal agents informed Swalwell about their concerns regarding Fang around 2015, he cut off ties with her and cooperated with investigators.

Swalwell was never charged with any wrongdoing. The Republican-led House Ethics Committee closed its two-year investigation into him in 2023 and decided to take no further action. Despite this, the Washington Post reports that Patel has reassigned multiple FBI agents in the San Francisco office to focus on building a case against Swalwell.

Releasing unproven files on political opponents sets a dangerous precedent for law enforcement

Patel has also discussed sending agents to China to interview Fang, and his team has even considered offering her a U.S. visa in exchange for information. Legal experts believe such an interview would be impossible without Chinese interference, and Fang would be considered an unreliable witness. 

Patel himself has recently faced serious security concerns, as Iranian hackers broke into his personal email and leaked it publicly. Some FBI officials fear that releasing the files could expose law enforcement sources and investigatory methods, making it harder for the FBI to gain the trust of future witnesses.

An FBI spokesperson pushed back, saying the claims in reports about this matter are “incorrect” and that the FBI is the “most transparent in history.” The spokesperson said the bureau prepares documents for review by other agencies regarding investigations opened under previous administrations.

Swalwell has spoken out about the situation. On the Sources Say podcast, he said, “Independent folks have said enough on this, and for me, defamation is the highest form of flattery,” calling the allegations “lies and bulls—.” He noted that the FBI released two statements confirming he only helped agents when they identified someone who may not have been who they claimed to be.

Swalwell also released a written statement saying, “Most troubling about this is that we are now literally at war. We also face threats against the homeland. Kash Patel should be spending every moment trying to keep us safe, not scoring political points.”

This situation fits a broader pattern in the Trump administration of using federal law enforcement to pursue political opponents. Patel included Swalwell in an appendix to his 2023 book “Government Gangsters,” which critics widely viewed as an enemies list. 

Questions about Patel’s conduct have grown, with an FBI investigation into Kash Patel revealing an unprecedented level of scrutiny from within his own agency. Internal Justice Department policy also generally advises against releasing potentially damaging material about individuals against whom a strong enough case could not be built for court.