WASHINGTON, D.C. — Lawyers for Representative Eric Swalwell demanded on Monday that FBI Director Kash Patel immediately end any effort to release records from a decade-old investigation involving Swalwell and a suspected Chinese operative that resulted in no criminal charges. The cease-and-desist letter from Swalwell's attorneys advises that releasing records from the FBI's investigative file would violate federal law and longstanding Justice Department policy.

Sean Hecker and Norm Eisen, attorneys for Representative Swalwell, wrote in the cease-and-desist letter: "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." The attorneys added: "Your actions threaten to expose you, others at the FBI, and the FBI itself to legal liability. Indeed, disclosure of the investigative file would violate federal law in several respects."

The cease-and-desist letter seeks a response from Patel within three days confirming compliance with its demand to halt the release of the records. The letter warns that any further effort to publicize the investigative files will result in legal action.

FBI Director Kash Patel directed agents to review and redact files from the decade-old investigation in preparation for their release. An FBI spokesperson said: "The FBI prepares documents for numerous different reasons."

The investigation concerned interactions between Swalwell and Christine Fang, a suspected Chinese intelligence operative. Fang came into contact with Swalwell's campaign when he first ran for Congress in 2012 and participated in fundraising for his 2014 campaign.

Federal investigators alerted Swalwell to concerns about Fang and briefed Congress about her in 2015. Representative Swalwell says he cut off contact with Fang in 2015. Swalwell was not accused of wrongdoing in the investigation.

A House Ethics Committee investigation into Swalwell was opened in 2021 and closed two years later without any action. The Justice Department does not typically publicly disclose records from criminal inquiries that do not result in charges.

Swalwell is running for governor in California. Swalwell served as one of the House managers in the second impeachment trial of President Donald Trump during Trump's first term and is a vocal critic of President Donald Trump.

In his 2023 book "Government Gangsters," Patel named Swalwell and other individuals he considered adversaries of former President Donald Trump.