WASHINGTON — Both Rep. Eric Swalwell, D-Calif., and Rep. Tony Gonzales, R-Texas, resigned from Congress in disgrace Tuesday, pre-empting a push by their House colleagues to expel them from office.
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Both lawmakers were facing unrelated House Ethics investigations into alleged sexual misconduct, in some cases with women who had worked for them, a violation of House rules. Their resignations mean that those investigations effectively come to an end, since the Ethics Committee only has jurisdiction over sitting members of Congress.
Investigations by law enforcement agencies can continue; and the Manhattan district attorney’s office has said it has launched a probe into Swalwell focused on an alleged assault that took place in New York.
On Tuesday, another woman alleged that Swalwell drugged, raped and choked her in a California hotel room in 2018. Her lawyers said she was going to report the incident to law enforcement later in the day.
“Congressman Eric Swalwell categorically and unequivocally denies each and every allegation of sexual misconduct and assault that has been leveled against him,” his lawyer, Sara Azari, said in a statement. “These accusations are false, fabricated, and deeply offensive — a calculated and transparent political hit job designed to destroy the reputation of a man who has spent twenty years in public service.”
“We are confident that the truth will prevail, and we will pursue every available legal remedy against those responsible for orchestrating this reprehensible campaign of lies,” Azari continued.
Swalwell previously apologized for making “mistakes” but called allegations of sexual assault “false.”
Swalwell’s resignation was effective at 2 p.m. ET. Gonzales’ will be effective at 11:59 p.m. ET. Tuesday.
With Swalwell and Gonzales gone, Republicans would have a 216-213 majority over the Democrats. However, Republicans gained one seat Tuesday night, when Clay Fuller of Georgia was sworn in to succeed former Rep. Marjorie Taylor Greene, who resigned earlier this year. That brought the GOP majority to 217-213.
The unceremonious departure of Swalwell and Gonzales on the same day closed a dark chapter on Capitol Hill.
Gonzales, first elected to Congress in 2020, had been dogged by rumors and allegations of sexual misconduct since last September, when one of his staffers, Regina Santos-Aviles, died by suicide.
Text messages obtained by NBC News and confirmed by the woman’s husband show that Gonzales had sent Santos-Aviles sexually explicit messages in May 2024. And Gonzales later admitted he had an affair with her while she was his subordinate.
A second woman who had worked for Gonzales told NBC News that he had also sent her sexually explicit text messages, including repeatedly asking for sex and nude photos. A spokesperson did not respond to that allegation. Gonzales said in March he would not seek re-election, but after the Swalwell scandal, Gonzales said he would quit Congress early, heading off an expulsion vote.
Swalwell’s fall from grace happened much quicker. Last week, the Nancy Pelosi ally and vocal Donald Trump foe had been a leading contender in the crowded California governor’s race.
But on Friday, the San Francisco Chronicle published a bombshell story, featuring a young woman who said tat she had a sexual encounter with Swalwell while she worked for him and that he later, on two occasions, sexually assaulted her when she was too intoxicated to consent. CNN also spoke to the woman and three others who accused Swalwell of sexual misconduct.
A source familiar with her account confirmed to NBC News that the reporting by CNN and the Chronicle was accurate and spoke on the condition of anonymity due to the sensitivity of the ongoing legal matter.
Swalwell conceded he’s made mistakes but denied that woman’s allegations of sexual assault. He dropped out of the governor’s race Sunday, then said Monday he would resign.
California Gov. Gavin Newsom on Tuesday called a special election, scheduled for Aug. 18, to fill the seat left vacant by Swalwell’s resignation in the 14th Congressional District.
It’s unclear whether Texas Gov. Greg Abbott will do the same for Gonzales’ seat.
Returning to the Capitol on Tuesday after a two-week recess, House Speaker Mike Johnson, R-La., said he thinks both Swalwell and Gonzales made the right decision by resigning.
“My views have been made known about the terrible allegations that were made and obviously the facts that they both admitted to,” Johnson said. “And I think it was the appropriate thing.”
Attention on the Hill now shifts to alleged bad behavior by two House members from Florida, Rep. Sheila Cherfilus-McCormick, a Democrat, and Rep. Cory Mills, a Republican.
Johnson said he thinks it will be the “consensus” of the House that Cherfilus-McCormick “should be expelled” after a special bipartisan House Ethics subcommittee found her guilty of 25 violations related to allegations she stole millions in federal relief funds that were used in her congressional campaign. She has denied the allegations and pleaded not guilty in a related criminal case.
Asked if Mills should be expelled, as well, Johnson said he was not “sure the status of the Ethics Committee investigation, and that’s one of the things I’ll be looking into today.”
Mills has been under investigation by the committee in connection with several allegations, including financial and sexual misconduct. Mills has denied wrongdoing.
Mills said in an interview with NewsNation Tuesday that he didn’t think he fell into the same category as Swalwell and Gonzales.
“One, I’m not married, so there’s one thing. Two, I’ve never sexually harassed and or had any complaints by any staffers or interns on the Hill. It’s just not even a fair comparison,” Mills said. “This is obviously a political, Democratic tit for tat, so I’m not even gonna entertain it.”
House Minority Leader Hakeem Jeffries, D-N.Y., said Swalwell “made the right decision” in resigning. When asked if he pushed Swalwell to resign, Jeffries said his conversations would “remain private.”
Asked if he would be OK with expelling Cherfilus-McCormick, Jeffries said he would “have that conversation subsequent to the Ethics Committee recommendation.”
Rep. Alexandria Ocasio-Cortez, D-N.Y., told reporters “yes” when asked if she believes that Cherfilus-McCormick should be expelled if she does not resign.
“If the Ethics Committee found her guilty, then I would vote in accordance with that,” Ocasio-Cortez said.
Ocasio-Cortez’s office did not immediately respond to a request for further comment Tuesday night.
The Ethics panel is set to announce its recommended sanctions for the congresswoman at an April 21 hearing, after which the full House could act.
It requires a two-thirds vote to expel a member of Congress — an extremely rare occurrence but one that happened in late 2023, when the House voted 311-114 to oust Rep. George Santos, R-N.Y., following a scathing Ethics report and a 23-count criminal indictment.
