The records, which were released by the White House Transparency Task Force, provide the most detailed public account to date of the relationship and the FBI's efforts to investigate Fang's ties to California politics. The release comes months after Swalwell resigned from Congress and ended his campaign for governor while facing multiple allegations of sexual assault and misconduct, all of which he denies.
An Axios investigation in 2020 thrust the case into the national spotlight, revealing how Fang built relationships with local and national politicians while living in California. Although much of the newly-released material remains redacted, the files provide new insight into her relationship with Swalwell and the FBI's yearslong investigation.
According to FBI interview summaries, Swalwell told investigators in May 2015 that he had physical relations with Fang "on a handful of occasions" but never dated her or had a romantic relationship. A subsequent FBI interview memorialized Swalwell's account that "she and Swalwell hooked up" after Fang arrived unannounced at his apartment one evening and that he "barely remembers the event because he had taken an Ambien prior to Fang arriving."
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The files also show federal investigators suspected Fang was facilitating a scheme involving campaign donations and congressional internships. An FBI opening memorandum stated the investigation was predicated on information suggesting internships in Swalwell's offices were promised in exchange for campaign contributions, some of which investigators believed may have involved conduit donors or foreign nationals.
Investigators pursued the case for years. Internal FBI documents outline an undercover operation aimed at determining whether sufficient evidence existed to support criminal charges against Fang, Swalwell or others. However, a post-operation review later stated investigators did not meet their objective of obtaining evidence to indict Swalwell and Fang for campaign finance violations or a quid pro quo exchange.
A 2017 case memorandum shows the FBI concluded that investigators had "not found violations of federal corruption statutes perpetrated by Congressman Eric Swalwell." The bureau subsequently retitled the case to focus on Fang and alleged election-law violations. A separate closing memorandum stated the investigation "did not reveal evidence of a quid pro quo exchange between Fang and the Congressman or his office."
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The same documents state that Fang left the United States and was later barred from reentry. The FBI said it found evidence that Fang may have violated various campaign finance and related laws, but prosecutors ultimately determined prosecution was not viable because of national security concerns.
Swalwell revisited the matter publicly in March while running for governor, accusing FBI Director Kash Patel of reviving the case for political reasons.
Sara Azari, his attorney, defended the former congressman and argued the documents do not change the facts of the case.
"There is nothing new here. The government's own memorandum confirms what Congressman Swalwell has said for more than a decade: he did nothing wrong, and there was no basis to charge him with any offense," Azari said in a statement to ABC7. "The facts have not changed. Only the political motive for publicizing them has. That should concern anyone who believes federal law enforcement must remain independent of political retribution."
Anthony Brass, a former federal prosecutor and current criminal defense attorney, said the files underscore broader concerns about how foreign adversaries attempt to gain access to influential public officials.
"These are people with real power and real access. And so you need to know their focus on making sure that our country's safe," Brass said. "What this case represents is the intersection between the sort of man in power whose sloppy sexual habits and appetites let in someone who was not vetted and who was a very dangerous person to give access to."
The sexual assault allegations which imploded Swalwell's political career are unrelated to the Fang investigation and remain under separate investigation. Brass said the newly public FBI records are likely to renew debate over judgment, risk-taking and security vulnerabilities among elected officials as investigations related to his conduct continue.