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

(SeaPRwire) –   Democrats are alleging that the FBI is attempting to “smear” California Representative Eric Swalwell, a leading Democratic contender in his state’s gubernatorial election and a vocal critic of President Donald Trump.

The Democrats’ indignation stems from a Saturday report by the Washington Post, which indicated that FBI Director Kash Patel is seeking to publicly release a decade-old investigative file concerning Swalwell’s past connection to a woman suspected of being a Chinese intelligence operative, despite the Congressman facing no accusations of wrongdoing.

Swalwell’s legal team dispatched a cease and desist letter to Patel on Monday, as initially reported by the Post, demanding that the FBI refrain from releasing the file. Several of Swalwell’s Democratic colleagues have condemned the FBI’s actions.

“The FBI is attempting to discredit a sitting U.S. Congressman, a gubernatorial candidate, and a vocal opponent of the president,” stated Maryland Rep. Jamie Raskin, Ranking Member of the House Committee on the Judiciary, on Saturday. “What does that have to do with law enforcement? This is a clear weaponization of the FBI for partisan political ends.”

Key details regarding the situation are outlined below.

What file is the FBI reportedly attempting to disclose?

The document pertains to Swalwell’s prior association with Christine Fang, also known as “Fang Fang,” who reportedly aimed to cultivate relationships with California politicians, Swalwell among them, according to the Post.

Swalwell stated he severed contact with Fang Fang after federal agents raised concerns about her to him around 2015. He also mentioned assisting investigators during their inquiry into the matter. He was never accused of any misconduct, and in 2023, the House Ethics Committee concluded its investigation into Swalwell’s purported links to Fang, opting against any further action.

How has Swalwell reacted to the FBI’s reported effort to release the documents?

Swalwell issued a statement on social media addressing the Post’s report.

“Excellent reporting has revealed the extreme measures the White House will take to target political adversaries,” he remarked on Saturday. “Trump’s desperate attempt to impede me isn’t because I’m campaigning for Governor of California, but because I’m now the frontrunner. However, Donald Trump and Kash Patel do not determine the next Governor. Californians do.”

In the cease and desist letter sent to Patel by Swalwell’s lawyers on Monday, they demanded that the FBI commit within three days to not publicize the documents, as reported by the Post. His attorneys asserted in the letter that any further action by the FBI to release the files could lead to legal proceedings against the agency. They contended that disclosing the files would contravene several laws, including the federal Privacy Act of 1974, which prohibits the release of agency records pertaining to an individual without their written consent, except under specific conditions.

“The congressman has never been accused of misconduct in that affair, and your endeavor to release the file is a clear effort to discredit him and sabotage his campaign for governor of California,” his lawyers penned. “Your actions risk exposing you, other FBI personnel, and the FBI itself to substantial legal repercussions.”

What has been the FBI’s response to the reports?

In the Post’s initial article concerning Patel’s alleged drive to release the files, an FBI spokesperson refuted any improper motives, stating that “the assertions in this story are inaccurate.”

“This FBI, recognized as the most transparent in history, prepares documents for various reasons, including for dissemination to different agencies and departments to facilitate further review of investigations potentially initiated under prior administrations,” the spokesperson informed the Post.

What has been the reaction from other Democrats?

Multiple Democrats have condemned the FBI’s reported initiative to release the files. Raskin accused Patel of “squandering the FBI’s resources” and “directing agents to dedicate hours to preparing a political smear file for a personal vendetta.”

“The misuse of government information is rampant,” Raskin added. “These exploitations of public office and DOJ files to target political adversaries serve Donald Trump’s desperate attempt to divert attention from this Administration’s catastrophic policy failures.”

California Senator Adam Schiff described the situation as an “abuse of the FBI” that “is both perilous and illegal.”

“Repeatedly, the President and his appointees have weaponized the Department of Justice against those who challenge Trump,” Schiff stated in a Saturday post on X. “There is no doubt Trump and Kash Patel will go to any lengths to dictate to Californians who their next governor should be. But Californians are resilient and will not be intimidated. We make our own choices and will not be swayed by the desperate actions of any monarch or aspiring tyrant.”

Swalwell is among ten notable candidates—eight Democrats and two Republicans—vying in California’s highly contested gubernatorial race. The primary election is scheduled for June 2.

The top two vote-getters in the primary, irrespective of party affiliation, will proceed to the general election in November. Recent surveys have sparked apprehension among Democrats that the numerous Democratic candidates could fragment the vote, potentially enabling the two Republicans, Steve Hilton and Chad Bianco, to advance to the general election, despite the Democrats’ substantial advantage among registered voters in the state.

Several polls published this month position Swalwell among the leading Democratic candidates in the race, and show him ahead of at least one Republican, suggesting he is well-placed to secure a spot on the November ballot.