California gubernatorial candidate Eric Swalwell speaks at the 2026 California Democratic Party State Convention in San Francisco on Feb. 21.
Jeff Chiu/Associated Press
WASHINGTON — Rep. Eric Swalwell said Monday that he would resign from Congress as he faced a mounting effort to expel him over allegations of sexual misconduct.
The abrupt announcement came just three days after the Chronicle reported that a former staffer for the Castro Valley Democrat said he sexually assaulted her twice when she was too intoxicated to consent, an accusation he has called false and pledged to fight, and less than a day after he dropped out of the race for California governor.
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“Expelling anyone in Congress without due process, within days of an allegation being made, is wrong,” Swalwell said in a statement. “But it’s also wrong for my constituents to have me distracted from my duties. Therefore, I plan to resign my seat in Congress.”
Swalwell was first elected in 2012 and represented a suburban East Bay district. A former prosecutor in Alameda County who later served on the Dublin City Council, Swalwell rose to national prominence as one of the managers in the impeachment trial against President Donald Trump following the Jan. 6 attack on the U.S. Capitol. He became an outspoken critic of Trump on cable news and launched his campaign for governor last fall.
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On Friday, the Chronicle published a story detailing the experience of a former staff member for Swalwell who said he began pursuing her shortly after she joined his district office at age 21, sending her explicit messages and photos on Snapchat and pressuring her for sex. She said Swalwell sexually assaulted her in September 2019, when he was still her boss, and again in April 2024, when they met up after a charity gala in New York City.
In both instances, she said, she blacked out from drinking and only remembered snippets of the incidents, including pushing Swalwell away and telling him to stop during the 2024 incident. CNN later reported three other women had leveled allegations of sexual misconduct against him.
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Swalwell, who was a leading candidate for governor, immediately began shedding allies and campaign staff until he announced Sunday night that he would end his gubernatorial bid while he continued to fight the allegations against him.
Further compounding public outrage, the accusations against Swalwell came just weeks after Rep. Tony Gonzales, R-Texas, admitted to an affair with a staffer who later died by suicide and just days after the publication of text messages where Gonzales asked a campaign aide for nude photos and sex. As the House prepared to return Tuesday from a recess, a growing number of colleagues from across the political spectrum were pressing to expel both Swalwell and Gonzales from Congress if they would not resign, something that has only ever happened to six members previously.
Though congressional leaders had not yet weighed in on what should happen, the House Ethics Committee announced Monday that it would investigate the accusations against Swalwell, further ramping up pressure. The House code of official conduct prohibits members from engaging in a sexual relationship with or making unwanted sexual advances toward staff under their supervision, meaning Swalwell may have violated the rules even if he did not, as he contends, sexually assault his former staffer.
In his resignation statement, Swalwell apologized to his family, staff and constituents for “mistakes in judgement I’ve made in my past. I will fight the serious, false allegations made against me. However, I must take responsibility and ownership for the mistakes I did made.”
An hour later, Gonzales also announced his resignation, posting on social media: “There is a season for everything and God has a plan for us all.”
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This may not be the end of the consequences that Swalwell faces, however. The Manhattan District Attorney’s Office said Saturday that it would investigate the alleged 2024 sexual assault and encouraged other potential victims to come forward.
After Swalwell winds down his office, the seat will stay vacant for months until it can be filled by a special election. A number of Democrats are already running to succeed Swalwell in his liberal seat, including state Sen. Aisha Wahab, former Dublin Mayor Melissa Hernandez and San Leandro City Council Member Victor Aguilar Jr.