Swalwell, Dogged by Chinese Spy Ties, Presses Durham on a Trump Aide and a Russian 'Spy' (June 21, 2023)

Rep. Eric Swalwell, D-Calif., the Democrat whose ties to a suspected Chinese spy had just cost him his seat on the House Intelligence Committee, wanted to talk about a Trump aide and a Russian spy.

“Did you prove false in the 2016 Campaign that Trump’s Campaign Manager gave polling data to a spy for a Russian intelligence service?” Swalwell asked Special Counsel John Durham at a House Judiciary Committee hearing on June 21, 2023. “We didn’t investigate that,” Durham replied [1]. The video above shows that moment. Quotes from the hearing are from the official transcript, Serial No. 118-28 [1]. Swalwell’s own entanglement with Christine Fang, a suspected Chinese intelligence operative also known as Fang Fang, had been public since December 2020 [2]. FBI files declassified in August 2026 later showed how far it went [3][4].

”We Didn’t Investigate That”

Swalwell’s questions followed a pattern: did anything in Durham’s report “prove false” what earlier investigations had said about Trump and Russia?

The Trump Tower meeting: Asked whether anything in the report proved that the 2016 meeting at Trump Tower between Russians and Trump’s family “didn’t happen,” Durham said: “I don’t have any evidence that this did not happen.”
A Moscow real estate deal: “I don’t know anything about that. There’s nothing in the report about it. It’s not something we investigated.”
“Russia, if you’re listening”: Did Durham prove Trump did not say it at a 2016 press conference? “Yes, no, we didn’t,” Durham said. “We didn’t investigate that.”
The polling data: “We didn’t investigate that.”
Trump’s conduct: “Are you signing off on the way Donald Trump acted with Russia in 2016?” Swalwell asked. “Our report doesn’t address that,” Durham said.
Russian interference: “Agree that there’s substantial evidence to show that” [1].

None of that was Durham’s job. His October 2020 appointment order directed him to investigate whether anyone broke the law in the “intelligence, counter-intelligence, or law-enforcement activities directed at the 2016 presidential campaigns,” including Crossfire Hurricane and the Mueller investigation [5]. The question of Trump and Russia had already been answered by Special Counsel Robert Mueller, whose report found that “the investigation did not establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities” [6].

The Polling Data and the ‘Spy’

Swalwell’s polling-data question was about Paul Manafort, Trump’s 2016 campaign chairman. The Mueller report found that Manafort “had caused internal polling data to be shared with” Konstantin Kilimnik, a longtime business associate. It also recorded that “Manafort told the Office that he did not believe Kilimnik was working as a Russian ‘spy,’” while the FBI “assesses that Kilimnik has ties to Russian intelligence” [6]. In April 2021, the Biden Treasury Department said Kilimnik “provided the Russian Intelligence Services with sensitive information on polling and campaign strategy” [7].

Mueller weighed all of it and still did not establish a conspiracy [6].

Swalwell’s Own Spy Problem

Swalwell knew something about suspected spies close to a campaign.

In December 2020, Fox News, citing Axios, reported that Fang, a Chinese national, had targeted up-and-coming local politicians. By 2014 she had developed “close ties” to Swalwell’s office, and she took part in fundraising for his 2014 re-election campaign, although she made no donations and there was no evidence of illegal contributions. She also placed at least one intern in his office. Investigators became alarmed enough to give Swalwell a “defensive briefing” in 2015, and he cut off ties with her. Fang left the country in mid-2015. Swalwell’s office said he “long ago, provided information about this person” to the FBI [2].

January 2023: Speaker Kevin McCarthy, R-Calif., blocked Swalwell from returning to the Intelligence Committee over the Fang relationship [3]. “I cannot put partisan loyalty ahead of national security,” McCarthy told Democratic leader Hakeem Jeffries [8]. It was one of that month’s fights over committee seats.
May 2023: The House Ethics Committee closed its investigation of Swalwell’s dealings with Fang without taking action. Its chairman, Rep. Michael Guest, R-Miss., and ranking member, Rep. Susan Wild, D-Pa., reminded him that “foreign governments may attempt to secure improper influence through gifts and interactions.” Swalwell said the committee “did not make a finding of any wrongdoing” [8].

The subject came up at this very hearing. Later in the day, Rep. Troy Nehls, R-Texas, said, “We are aware of the Member of this Committee having an alleged affair with a Chinese spy.” Rep. Glenn Ivey, D-Md., asked that “the last comments be stricken with respect to Mr. Swalwell.” Chairman Jim Jordan, R-Ohio, answered that the chair had been “very lenient,” noting that a Democrat had earlier called the former president “all kinds of things.” “Maybe everyone should be careful about what they say,” he said [1][9]. Swalwell has denied wrongdoing [9].

Never Blocked by Garland

Swalwell first established that the Biden Justice Department never stood in Durham’s way. “Was there anyone you wanted to indict that you were prohibited from indicting by Attorney General Garland?” he asked.

“No,” Durham said.

“So, if you wanted to, you could have indicted Hillary Clinton, but you never asked, is that right?”

“If I had the evidence, yes, we could have for sure,” Durham said. “The Attorney General Garland had never asked me not to indict somebody.” He agreed that he “had all the power in the world to indict anyone that you had evidence to indict” and was never blocked. Durham also said Garland had him communicate through a senior department official rather than directly [1].

Swalwell then compared Durham’s results with Mueller’s, saying Mueller “charged dozens.” Durham noted his own tally: “Indicted two, and another, a third, pleaded guilty.” On Mueller’s record, he said: “I don’t believe there are any acquittals. I’m not sure there were dozens of convictions” [1]. Mueller charged 34 people and three companies, most of them Russians indicted for election interference [10].

”Insurrection, LLC”

Swalwell closed with a shot at the Republicans on the panel. “My MAGA colleagues want you to be someone you’re not and they want you to say something you won’t,” he said. “They want you to join the law firm of Insurrection, LLC, which, incidentally, and probably appropriately, is chaired by a guy who never passed the bar exam, and you’re wise not to do that” [1].

The jab appeared aimed at Jordan, the committee’s chairman. Jordan earned a law degree but never took the bar exam, so he never failed it, USA Today reported [11]. Swalwell then yielded his remaining time to Rep. Adam Schiff, D-Calif., who asked whether Durham’s staff had raised concerns about his public statements while the investigation was underway. “I made that decision to make a statement,” Durham said. “They were not involved in it” [1].

The Fang File, by the Numbers

2014: Fang took part in fundraising for Swalwell’s re-election campaign [2].
2015: The FBI gave Swalwell a “defensive briefing,” and Fang left the U.S. in mid-2015 [2]. Swalwell sat for an FBI interview in May 2015 [4].
2017: The FBI removed Swalwell as a subject of its investigation after finding no evidence of a quid pro quo or federal corruption violations [3].
2 interviews: The declassified records detail two FBI interviews with Swalwell [3].
34 and 3: People and companies charged by Mueller, compared with Durham’s three prosecutions [1][10].

What Happened Next

Resignation: In April 2026, Swalwell suspended his campaign for governor of California and resigned from Congress after members of both parties called for him to step down or face expulsion over accusations of sexual misconduct and rape. “I am deeply sorry to my family, staff, and constituents for mistakes in judgment I’ve made in my past. I will fight the serious, false allegations made against me,” his resignation letter said [12].
The FBI files: On Aug. 17, 2026, the White House Government Transparency Task Force released declassified FBI records on the Fang investigation. According to the Washington Examiner, Swalwell told the FBI in May 2015 that he had sex with Fang, with “physical relations” on at least two occasions, but said he never had a serious romantic relationship with her [4]. The records showed agents had opened a full investigation tied to Fang, examining possible bribery, foreign campaign contributions and efforts to trade access to Swalwell and internships for donations, Fox News reported. Investigators did not find evidence that Swalwell took part in a quid pro quo scheme [3].
The raid: That same month, FBI agents seized Swalwell’s electronic devices at San Francisco International Airport and searched his Washington residence as part of a probe into sexual misconduct, Fox News reported [3].