Eric Swalwell lawyers cite his past with Katie Miller to block FBI Chinese spy file release: Report

CORRECTION: An earlier version of this article mischaracterized the legal arguments made regarding the unreleased FBI files and implied improper personal influence. The objections were raised formally by Swalwell’s legal team on privacy grounds concerning uncharged records. Furthermore, Katie Miller was an intern at the time and had no involvement in the FBI investigation or DOJ communications. The article has been updated to reflect these facts. 

WASHINGTON, DC: A new report says that former Democratic Rep Eric Swalwell's lawyers tried to stop the FBI from releasing old files about a Chinese spy by arguing that the leak was a political attack.

His legal team sought to argue that private details contained in the records show that the files were intended to cause personal embarrassment for Swalwell.

As evidence, they cited the inclusion of his decade-old dating history with Katie Miller, who’s now married to senior Trump aide Stephen Miller. 

According to a Sources Say News report on Thursday, August 6, Swalwell’s team raised the objection that releasing the files could be viewed as trying to use the Department of Justice to target him. 

The New York Post reported that these unreleased files dealt with Swalwell’s earlier interactions with Christine Fang, a suspected Chinese spy whose ties to American politicians raised a lot of eyebrows in Washington.

Swalwell was never charged with any crime or official wrongdoing in the matter and he maintains that while he knew Fang, he ended things when the FBI gave him a heads-up.

Report details effort to keep files private

In early 2026, the report says FBI Director Kash Patel pushed to make files about Swalwell and Fang public.

Some people raised concerns that putting those files out there might look like an attempt to target one of President Trump’s political opponents.

Because the probe closed without any criminal charges or findings of illegal activity against Swalwell, his lawyers argued that declassifying the records was a political attack intended to expose private details from when Miller was a Capitol Hill intern.

Miller categorically tweeted that she didn’t even know the Justice Department was involved until a reporter reached out to her regarding the matter. 

To be clear, there is no indication Miller had any connection to the FBI investigation or the Justice Department’s handling of the records.

Her and Swalwell's relationship ended before she ever met Stephen Miller.

Eric Swalwell's China ties remain under scrutiny

Swalwell’s connection to Fang hit the headlines back in 2020. Reports showed that between 2011 and 2015, Fang raised funds for Swalwell and even got at least one intern into his congressional office.

Federal officials kept an eye on Fang and didn’t like what they saw. Once the FBI warned Swalwell about her, he said he cut off all contact. Nancy Pelosi stood by him, too; she backed him up and made sure he stayed on the House Intelligence Committee.

Now, the story’s taken a new turn. The latest report shifts the spotlight to how the FBI’s findings were handled and digs into claims that Miller’s past with Swalwell factored into the arguments about releasing that material. The controversy keeps evolving.

Ultimately, the files were not released. Pam Bondi was attorney general at the time. The Department of Justice maintained its standard policy on uncharged records.

“The Department investigates crimes irrespective of politics,” a spokesperson for the DOJ told The Post. 

While a source familiar added that the department was "not aware of communications from Swalwell’s lawyers regarding Miller’s presence in the files."