house rule

WASHINGTON — California Rep. Eric Swalwell resigned his congressional seat on Monday under intense pressure from lawmakers of both parties after several women accused him of sexual misconduct, including a former staffer who alleged rape.

Swalwell, a Dublin Democrat who suspended his campaign for California governor on Sunday, said in a statement that he was stepping down from the House, where he has served since 2013, and planned to continue fighting what he called “serious, false” allegations made against him.

“However, I must take responsibility and ownership of the mistakes I did make,” Swalwell wrote without specifying which mistakes those were.

His resignation came hours after the House Ethics Committee opened an investigation into the sexual misconduct allegations against him and as lawmakers from both parties threatened to expel him from the House if he did not leave his post. He said he was aware of the expulsion efforts underway and said that it was “wrong” to expel a member of Congress “without due process, within days of an allegation being made.”

“But it is also wrong for my constituents to have me distracted from my duties. Therefore, I plan to resign my seat in Congress,” he said.

Asked about replacing Swalwell, Gov. Gavin Newsom’s office said in a statement that it is “reviewing the matter. Once the seat is officially vacant, our office will make an official announcement.”

The allegations, detailed in reports by the San Francisco Chronicle and CNN last week, drew swift bipartisan condemnation, with lawmakers from both parties calling the accusations “disgusting” and demanding that he either resign or be removed from office.

Rep. Anna Paulina Luna (R-Fla.) intended to lead the charge to expel Swalwell. In an interview Monday, Luna said she planned to file a motion as early as Tuesday on the grounds that he violated House rules over an alleged inappropriate sexual relationship with a subordinate. A House floor vote could have been held as early as Wednesday, she said.

Following Swalwell’s resignation, Luna said the Northern California lawmaker did “the right thing.” But she took issue with him saying that the allegations were not grounds for expulsion, noting that he was under criminal investigation.

In New York, the Manhattan district attorney’s office opened an investigation into sexual assault allegations against Swalwell by a former staffer and issued a statement over the weekend that urged “survivors and anyone with knowledge of these allegations to contact our Special Victims Division.”

After the sexual allegations came to light, Democrats called on Swalwell to resign, but when it comes to expulsion, they said they would not move against Swalwell alone. They were also pushing to expel Rep. Tony Gonzales (R-Texas), who last month admitted to a sexual relationship with a staffer who later died by suicide.

Late Monday, Gonzales said he too was stepping down. “When Congress returns tomorrow, I will file my retirement from office,” he wrote on X.

The push to get Swalwell expelled had gained traction even among his friends.

Sen. Ruben Gallego (D-Ariz.) wrote on X on Monday that Swalwell should be kicked out of Congress, saying he “trusted someone who I believed was a friend, but is now clear that he is not the person I thought I knew.” Gallego said the woman “deserves to be believed, to be supported, and to see justice served.”

Had Swalwell been expelled, it would have been the first such removal in congressional history on the grounds of sexual misconduct, and among the rare instances in the House’s 237-year history in which members ousted one of their own.

Only six members have been expelled from the House. Three were fighting for the Confederacy, two were convicted of bribery and one was the fraudster George Santos, whose sentence was later commuted by President Trump.

Now that Swalwell has resigned, he is still eligible for his pension and for a number of other perks extended to other former members, including the ability to enter the House floor and access to the congressional gym.

Swalwell said Monday that he is working with his staff to “ensure they are able, in my absence, to serve the needs of the good people of the 14th congressional district.”

While many of Swalwell’s staffers have already quit, remaining staffers not involved in constituent services would lose their jobs and receive no severance pay.

Daniel Schuman, executive director of the American Governance Institute, which is focused on congressional reform, argues that the practice is unfair.

“I think the House owes them a duty for what they’ve had to go through,” Schuman said.

Longtime ethics expert Meredith McGehee said that members have been reluctant to expel their colleagues in recent years because of the razor-thin majorities in the House, but that not doing so hurts the credibility of the institution.

“It’s really important at this moment that the House act to expel these men who have been seriously and credibly accused of wrongdoing,” said McGehee, a former executive director of the ethics watchdog Issue One. “To allow either one of them to stay in office and serve out their term would be a farce.”

The Swalwell scandal could still prompt an ever larger surge of expulsion calls. Some lawmakers called for two additional members to be swept into any expulsion vote: Rep. Cory Mills (R-Fla.), who has been accused of sexual assault, and Rep. Sheila Cherfilus-McCormick (D-Fla.), who was indicted on charges that she laundered $5 million of federal disaster money and used it to fund a political campaign.

“Reps. Swalwell, Gonzales, Cherfilus-McCormick, and Mills should resign. If they refuse, they should be expelled,” Rep. Nydia Velazquez (D-N.Y.) wrote on X on Monday. “Americans deserve better and Congress must hold our members accountable.”

Any expulsion would require a two-thirds majority vote, or 290 of 435 votes if every House member participates. The Senate would not be required to concur with the House vote to make the expulsion effective, but it remains to be seen whether the House could meet the two-thirds threshold.

Times staff writer Melody Gutierrez in Sacramento contributed to this report.

WASHINGTON — Democratic Rep. Sheila Cherfilus-McCormick of Florida committed numerous violations of House rules and ethics standards, the House Ethics Committee found Friday in a ruling that could add weight to Republicans’ potential push to expel her from Congress.

After meeting into early Friday morning following a seven-hour hearing, the ethics panel of four Democrats and four Republicans found that Cherfilus-McCormick had committed 25 ethics violations, including breaking campaign finance laws. The panel said it would recommend a punishment in the coming weeks.

The allegations center around Cherfilus-McCormick’s receipt of millions of dollars from her family’s healthcare business after Florida made an overpayment of roughly $5 million in disaster relief funds. Cherfilus-McCormick is accused of using that money to fund her 2022 congressional campaign through a network of businesses and family members.

The congresswoman, who is running for a fourth term representing a southeastern Florida district, has denied wrongdoing, and her attorney stridently criticized Thursday’s public hearing — the first open proceeding in nearly 15 years. But the ruling from the Ethics Committee could fuel a potential vote on her expulsion and divide a Democratic caucus that is trying to make a comeback to power in the November midterm elections.

Cherfilus-McCormick also faces federal charges for allegedly stealing the $5 million in COVID-19 disaster relief funds and using it for purchases like a 3-carat yellow diamond ring. Her brother, former chief of staff and accountant were also charged. She has pleaded not guilty to those charges, and her attorney indicated Thursday that the trial is expected to start in the coming months.

What did the ethics panel find her guilty of?

The congresswoman declined to testify during Thursday’s ethics hearing, citing her 5th Amendment right against self-incrimination. Her attorney, William Barzee, sparred with some of the lawmakers on the ethics panel and argued that they should have allowed a thorough ethics trial, where he could present witnesses and evidence to counter the conclusions of House investigators.

Barzee accused the panel of giving further momentum to the effort to “throw a woman out of Congress who was duly elected by her constituents” based primarily on bank records.

Committee investigators laid out 27 violations of House ethics standards and rules in a 242-page report. The report accused Cherfilus-McCormick of winning a 2022 special election by portraying her campaign as self-financed when it was actually funded through the $5-million overpayment her family’s company received from Florida for coronavirus vaccination services.

Barzee had argued that “she was entitled to that money,” pointing to a document that broke down how her family would share the proceeds from the healthcare business. But lawmakers on the ethics panel were skeptical of that argument.

The panel found Cherfilus-McCormick guilty of all but two of the ethics violations proposed by investigators. Lawmakers declined to find her guilty of one allegation of receiving political help from an organization run by an advisor and her husband that received funding from the Haitian government. The panel also did not find her guilty of refusing to cooperate with the ethics investigation.

Will there be a push to expel Cherfilus-McCormick?

The full House Ethics Committee said it would meet after Congress returns from a two-week break in April and consider what punishment to recommend for a vote in the House.

Rep. Greg Steube, a Florida Republican, told reporters Thursday that once the committee makes a determination he “will move on the floor to expel.”

House Democratic leaders have declined to condemn Cherfilus-McCormick and said they wanted to see the ethics process play out. A couple of members of the Congressional Black Caucus, one of the most powerful groups of Democratic members, also showed up to the start of the ethics hearing Thursday in an apparent show of support for Cherfilus-McCormick.

But Democratic Rep. Marie Gluesenkamp Perez, a moderate member from Washington state who often breaks with her caucus, posted on social media Friday morning that “since she was found guilty, she should resign or be removed.”

The last member to be expelled from Congress was Republican Rep. George Santos of New York in 2023. He argued at the time that the House would be “haunted” by the precedent of expelling a member before a criminal trial played out. House Speaker Mike Johnson (R-La.) voted against expulsion at the time, expressing the same concern.

It takes a two-thirds majority in the 435-member House to expel a member.

Groves and Kinnard write for the Associated Press. Kinnard reported from Columbia, S.C.