There’s a growing push to expel two members of Congress accused of sexual misconduct

A growing number of federal lawmakers on both sides of the aisle are calling for the resignation or expulsion of Democratic Rep. Eric Swalwell, who represents California’s 14th Congressional District, and Republican Rep. Tony Gonzales, who represents Texas’s 23rd Congressional District. The congressmen both face sexual misconduct allegations from former staffers. 

Rep. Teresa Leger Fernández, chair of the Democratic Women’s Caucus, wrote in a social media post: “Reps. Gonzales and Swalwell are not fit to serve. They must resign. If they do not, I will vote to expel them.”

Republican Rep. Anna Paulina Luna, who represents Florida’s 13th Congressional District, said she plans to introduce a resolution, which would need two-thirds of the chamber’s vote, to expel Swalwell from Congress.

Dozens of Swalwell’s former congressional and campaign staffers also signed a public letter Sunday calling for him to drop out of the gubernatorial race — which he did that night — and resign from the House. They also called on law enforcement to open a full investigation into the allegations. The House Ethics Committee also announced Monday that it had opened an investigation into whether Swalwell engaged in sexual misconduct, including with a member of his staff, while in office. 

What is Swalwell accused of?

At least four women have accused Swalwell of sexual misconduct.

One woman, a former staffer for the congressman, said Swalwell sexually assaulted her in a New York hotel room after an event in 2024 when she was too intoxicated to consent, the San Francisco Chronicle first reported. The same woman also accused Swalwell of assaulting her in 2019. 

The Manhattan district attorney’s office started an investigation. The office urged survivors and anyone with more information to come forward.

A separate CNN investigation found three more women who alleged various kinds of sexual misconduct by the Democratic lawmaker — including Swalwell sending unsolicited nude photos. The women described a similar pattern: Swalwell sent them increasingly sexual messages that escalated to unwanted physical touch or sexual assault. 

Swalwell has denied the allegations in a video statement that included an apology to his wife. He later announced in a social media post that he was suspending his campaign for California governor. Before the allegations were made public, Swalwell was a leading candidate in that race.

“To my family, staff, friends, and supporters, I am deeply sorry for mistakes in judgment I’ve made in my past,” Swalwell said in the post. “I will fight the serious, false allegations that have been made — but that’s my fight, not a campaign’s.” 

What is Gonzales accused of?

Gonzales is accused of sending explicit texts to a now-deceased former aide and coercing her into a sexual relationship. 

On March 5, Gonzales announced he was dropping his bid for reelection ahead of an Ethics Committee investigation into his affair with a former staffer. The next day, the congressman admitted to the affair in an interview with conservative talk show Joe Pags, calling it a “lapse in judgment.”

“After deep reflection and with the support of my loving family, I have decided not to seek reelection while serving out the rest of this Congress with the same commitment I’ve always had to my district,” Gonzales wrote in a statement. “Through the rest of my term, I will continue fighting for my constituents, for whom I am eternally grateful.”

A second former staffer later accused Gonzales of sending sexually explicit text messages to her while she was working for him, the San Antonio Express-News reported.

What has been the reaction?

The House reconvenes Tuesday after a two-week recess. Luna and Leger Fernández plan to bring dual expulsion resolutions to the floor for Swalwell and Gonzales, respectively. The House could vote Wednesday at the earliest. 

Calls for the two congressmen to resign from their campaigns include members of their own parties, though many have stopped short of calling for expulsion considering the House’s tight voting margins. Measures to expel members require a two-thirds majority to pass, and successful oustings are rare when a member has not been convicted or completed an Ethics Committee investigation. 

South Carolina GOP Rep. Nancy Mace introduced a resolution last month to release all investigative reports into sexual misconduct allegations against members of Congress. That measure failed to advance after being met with skepticism by Ethics chair Michael Guest, a Mississippi Republican, and other members over concerns that mandated disclosures would violate victim cooperation and trust.

This week’s expulsion push could also eventually include two other members of Congress accused of wrongdoing: Democratic Rep. Sheila Cherfilus-McCormick and Republican Rep. Cory Mills, both from Florida. If Swalwell and Gonzales are both successfully expelled, Cherfilus-McCormick and Mills could similarly find their congressional futures up for a vote.

What are the allegations against Cherfilus-McCormick and Mills? 

Cherfilus-McCormick and several codefendants were indicted late last year on charges of stealing $5 million in federal disaster relief funds and using some of the money to fund Cherfilus-McCormick’s 2021 campaign for Congress. A panel of the House Ethics Committee found Cherfilus-McCormick guilty of 25 House ethics charges in a televised, seven-hour public trial in late March.  She has pleaded not guilty to the criminal charges and maintains her innocence. 

Mills has faced multiple controversies since entering Congress. He’s currently under investigation by the House Ethics Committee, which is probing accusations that he committed campaign finance violations, accepted improper gifts and engaged in contract work with the federal government while serving in Congress. He’s also faced allegations of domestic violence: Last year, a Florida judge granted an order of protection barring Mills from contacting a former girlfriend, Lindsey Langston, a Republican state committeewoman in Florida and the then-reigning Miss United States, who said he harassed and threatened her. Mills has denied wrongdoing.