Swalwell-FBI clash draws attention to Trump foe’s California governor bid

The FBI’s contemplation about releasing files on a Chinese spy who interacted with Rep. Eric Swalwell (D-Calif.) is raising questions about the lengths the Trump administration might go to as foes of the president seek election.

Swalwell, who is running for governor in California, sent a cease and desist letter to the FBI on Monday, arguing the move would not just be an abuse of his privacy and FBI power but also would violate Justice Department guidelines about taking action in proximity to an election.

The conflict is just the latest chapter in a saga that has repeatedly pitted Swalwell against President Trump and FBI Director Kash Patel, a clash that could ultimately give Swalwell a boost in California’s competitive midterm race. 

Swalwell has consistently denied any wrongdoing in his dealings with Christine Fang, also known as Fang Fang, who reportedly helped Swalwell with fundraising and placing an intern in his office during the 2014 campaign cycle. He has said he cut off ties with her after a defensive briefing from U.S. officials indicated she may be a spy.

But he sees the FBI’s moves to potentially release the files as a weaponization of law enforcement tantamount to how the bureau operated under J. Edgar Hoover, who spied on civil rights leaders and politicians.

“It’s just absurd and probably the worst abuse that we’ve seen since the J. Edgar Hoover days,” Swalwell said during a Tuesday interview on CNN.

“We expect more will come, other nonsense from the administration. But we don’t trust them one bit. And it’s also absurd, just absolutely absurd, as somebody who was on the Intelligence Committee, oversaw the CIA for eight years, that they’re so out to interfere in the California gubernatorial race, where we’re leading.”

The FBI has disputed the story first broken by The Washington Post, saying, “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 bureau said in a statement.

Nevertheless, the lawmaker’s attorneys argue any effort to release the files would both violate Swalwell’s privacy rights and amount to election interference.

“Your attempt to release the file is a transparent attempt to smear him and undermine his campaign for Governor of California,” attorneys Sean Hecker and Norm Eisen wrote in a letter to Patel, calling any release of the files “a nakedly partisan attempt to target Congressman Swalwell based on his political views.”

“By all accounts, your effort to release investigatory files concerning Congressman Swalwell—an outspoken critic of both you and the President—constitutes just such an attempt to punish or suppress disfavored expression. Your personal enmity toward the Congressman is well documented,” they wrote, pointing to Patel’s book.

They also note Justice Department policy prohibits taking actions close to an election that might influence the results, noting California’s primary is slated for June 2.

Strategists say it may actually be great news for his campaign.

“The reality is, this is a boon for Swalwell,” said California Democratic strategist Garry South, a veteran of four California gubernatorial campaigns. 

In California, “any perception by Democratic voters that Trump is coming after you basically makes you a sympathetic figure,” South said. “This just puts a finger on [Swalwell] as the Democratic candidate that Trump fears the most, or hates the most.”

In a state that voted overwhelmingly against Trump in each of his three elections, and where the president’s approval rating is under 30 percent, drawing pushback from the administration often serves as a political boost for top party figures. 

Outgoing Gov. Gavin Newsom (D) has seen his stock as a potential 2028 contender rise after clashes with Trump in his second term. And Sen. Alex Padilla (D-Calif.) became what South called a “Democratic folk hero” in the state after he was forcibly removed from a Department of Homeland Security press conference last year.

The back-and-forth with the FBI could similarly inject Swalwell’s campaign with new energy as he jockeys for the lead in California’s crowded, nonpartisan primary for governor — where experts have raised alarm that two Republicans could advance to the general if Democrats can’t coalesce their support. 

“Newsom and Padilla were already statewide office-holders when they ended up in Trump’s crosshairs. Swalwell is one of 10 candidates fighting to get attention in a very crowded governor’s race,” said Dan Schnur, a political communications professor at the University of Southern California and the University of California, Berkeley. 

“There might not be a better way for a Democratic aspiring governor to elevate, to rise above the field.” 

There’s no love lost between Swalwell and a number of figures in Trump World.

Swalwell played a central role in Trump’s first impeachment, and he later sued the president over his role in the Jan. 6, 2021, Capitol riot — a civil suit from which a judge recently ruled Trump is not immune.

Meanwhile, Patel listed Swalwell on his list of “government gangsters” in his book by the same name, an appendix that many Democrats feared would be a guiding document on whom to prosecute.

In a hearing with Patel in September, the lawmaker described himself as “at the top of the list,” noting that many had already faced “adverse actions.”

Swalwell asked the FBI director whether he would recuse himself from any cases or investigative decisions involving those on the list. 

Patel said no, but not without calling Swalwell a “disgrace to the American people.”

“I’m going to borrow your terminology and call bulls‑‑‑ on your entire career in Congress,” the director said.

It’s not the first time Swalwell has tangled with the Trump administration.

Last year he sued Federal Housing Finance Agency (FHFA) Director Bill Pulte, arguing he abused his authority in forwarding a criminal referral regarding the lawmaker’s mortgage.  

Swalwell was the fourth Trump foe to have his mortgage scrutinized by the Trump administration, with the FHFA arguing each had committed mortgage fraud.

Swalwell backed away from the suit in March, but that issue, too, impacted Swalwell’s election. 

Conservative filmmaker Joel Gilbert tried to have Swalwell removed from the November ballot in California over his residency, asserting the candidate does not live in the Golden State.

The letter from Swalwell’s attorney asked the FBI to confirm within three days that the agency had no plans to release the records.

The feud, however, was thrust back into the headlines Thursday as reports swirled that Trump fired Attorney General Pam Bondi because he was furious that Bondi had allegedly tipped off Swalwell about FBI plans to release files on him.

Swalwell, however, denied that Bondi offered any assistance to him.

“We had no heads-up by anyone in the administration. None,” he said in a statement.

“These stories would be laughable if not so outrageous. An administration that is now at 33% approval is looking to blame anyone but the right people — themselves.”

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