California Democratic Rep. Eric Swalwell said Monday he will resign his seat, an announcement that came just days after a handful of his former staffers accused him of sexual misconduct. By the time Swalwell announced his resignation, at least two dozen members — Republicans and Democrats — publicly said he should give up his seat or they would vote to expel him. “I am aware of efforts to bring an immediate expulsion vote against me and other members. Expelling anyone in Congress without due process, within days of an allegation being made, is wrong. But it’s also wrong for my constituents to have me distracted from my duties. Therefore, I plan to resign my seat in Congress,” he said in a statement on X on Monday evening. Four women came forward over the weekend, accusing him of a wide range of sexual misconduct, including rape, according to allegations originally reported by the San Francisco Chronicle and CNN. Swalwell dropped his campaign for California governor Sunday, and the House Ethics Committee opened an investigation into him on Monday. Swalwell has apologized for any “mistakes in judgment” but continues to deny the allegations. Shortly after Swalwell’s announcement, a second lawmaker accused of sexual misconduct — Rep. Tony Gonzales, a Texas Republican — tweeted his plans to “file my retirement from office” when the House returns on Tuesday. It’s unclear whether he meant resignation, and calls to his San Antonio and Washington, D.C. offices, were not answered or immediately returned. Swalwell, 45, was in his seventh term representing California’s 14th congressional district — a Democratic stronghold in Northern California. In Congress, he served as an impeachment manager for the second Senate trial over President Donald Trump’s actions inciting the riot , making laying out in personal terms the danger to lawmakers on Jan. 6. Swalwell was also among the Democratic lawmakers who filed a civil lawsuit seeking to hold President Donald Trump accountable for his role in the lead up to the Jan. 6, 2021, attack on the Capitol. Earlier this month, a federal judge ruled that the lawsuit could move forward because a range of actions Trump took leading up to the attack did not qualify for the legal immunity presidents have for official acts. Trump has filed notice of appeal of that decision. California's primary is June 2, and early voting begins May 5. There was already a crowded field of Democrats seeking the seat. Swalwell had announced in November that he was running for governor and would not seek reelection to the House. For Swalwell’s House seat, state law requires the governor to set the date for a special election within 14 days of the vacancy. The election must be held within 140 days, though the time frame can stretch for an additional 60 days if it is set for an already scheduled election. Because of the timing between Swalwell's resignation and the primary election, California Gov. Gavin Newsom can also opt not to hold a special election, leaving the future of his seat uncertain. Following the death of Republican Rep. Doug LaMalfa in January, Newsom set a special election to fill the remainder of his term for Aug. 4, the last possible date. The pair’s Senate counterparts condemned their behavior. “The whole thing is just shocking and deeply upsetting and I think he made the right decision to resign,” said California Democratic Sen. Adam Schiff, who served with Swalwell in the House for several years. “First of all, the alleged abuse is horrific, inexcusable. I know there can and should be investigations to bring forward accountability, but that’s you stepping out of the Governor’s race and resigning from Congress,” said California Democratic Sen. Alex Padilla. Before the dual Swalwell-Gonzales announcements Monday, House members were mulling an expulsion effort against both lawmakers for later this week. — Daniela Altimari and Jacob Fulton contributed to this report.
