rob stutzman

Rep. Eric Swalwell faces calls to drop out after assault claims

The fallout over sexual misconduct allegations against Rep. Eric Swalwell grew Saturday as his fellow gubernatorial candidates faced a new race and Democrats were forced into a rapid test of how they respond to accusations of sexual misconduct.

Within hours of the accusations against Swalwell being made public, the Northern California congressman’s campaign began to unravel and a chorus of top Democrats urged him to drop out. Staff members resigned, his fundraising website went offline and allies moved quickly to distance themselves from a candidate who had been gaining momentum as a front-runner in the race to lead the Golden State.

The repercussions extended beyond Swalwell’s campaign for governor. The Manhattan district attorney’s office opened an investigation into sexual assault allegations against Swalwell by a former staffer and issued a statement Saturday that urged “survivors and anyone with knowledge of these allegations to contact our Special Victims Division.” Rep. Anna Paulina Luna (R-Fla.) posted a video on X saying that she plans to force a House vote next week to expel Swalwell.

Swalwell has denied the allegations, calling them “flat [out] false.”

The upheaval has created an opening for lesser-known contenders to gain traction just as voters are beginning to turn their attention to the race — a spotlight now intensified by the controversy.

The speed and severity of the response underscores how quickly political support can erode — and reflects a broader shift in how such allegations are handled in the post-#MeToo era, which has been intensified by the scrutiny surrounding the late financier and convicted sex offender Jeffrey Epstein.

“Ask any woman staffer over the age of 45 what her experience was like, and this was a fairly prevalent sort of situation,” said Elizabeth Ashford, a veteran Democratic strategist. “It was allowed. I really think it shows a lot of growth on the part of political professionalism, that these things are taken seriously.”

As of Saturday afternoon, Swalwell ignored calls to drop out of the race and resign from Congress, even as outrage and criticism swelled. A Bay Area fundraiser was canceled and major institutional backers abandoned the campaign. The California Labor Federation withdrew its endorsement, SEIU California rescinded its backing and urged Swalwell to exit the race, and the California Police Chiefs Assn. suspended its support.

Speculation swirled Saturday about Swalwell’s whereabouts after the congressman announced that he intended to spend time with his wife.

A man who opened the door of Swalwell’s rental home in Livermore early Saturday refused to talk to a Times reporter. Swalwell has claimed that he rents space in the one-story house, located on a quiet cul-de-sac. He also owns a home in Washington, D.C., but no one inside responded when a reporter rang Saturday.

Livermore residents couldn’t escape news of the scandal. “Swalwell faces assault claims,” read the front page of the East Bay Times, stacked up at the Lucky grocery story around the corner from Swalwell’s rental home.

The most serious allegation against Swalwell is from a woman who worked for the congressman who said their relationship was at times consensual, but that he sexually assaulted her twice when she was too intoxicated to consent, according to the San Francisco Chronicle. Three other women have also accused Swalwell of sexual misconduct, including sending unsolicited nude photos, according to CNN.

The allegations prompted several members of his campaign to abruptly walk away from their jobs. One senior campaign staffer said they resigned after hearing the seriousness of the allegations, adding that they didn’t want to be put in a position where they were using their own credibility to defend Swalwell.

Former staffers in Swalwell’s congressional office traded messages in group texts after the news reports, with many expressing shock and horror at the allegations, according to two former employees.

A group of senior staff in Swalwell’s congressional office and campaign said in a statement Saturday that they “stand with our former colleague and the other women who have come forward” and that others “should stand with them, too.”

Kyle Alagood, an attorney who worked for Swalwell’s congressional office and his short-lived presidential campaign, told The Times he was “disgusted and pissed off.”

“I pray he has the decency to resign for the sake of his wife and kids,” said Alagood, adding that Swalwell must also “face the full legal consequences of his actions.”

Rob Stutzman, a longtime GOP strategist, said the impact of Swalwell’s political advisers quitting and his endorsements being yanked has sunk his chances in the governor’s race whether he stays in or not.

Stutzman advised former Gov. Arnold Schwarzenegger during the 2003 recall when The Times reported allegations of inappropriate behavior with women during his bodybuilding and film career. Stutzman said the severity of the allegations against Swalwell makes the situation very different from that involving Schwarzenegger, who didn’t lose endorsements.

“If this had been the circumstances … I would have quit,” Stutzman said. “They’re just not the same.”

While Swalwell’s political future hangs in the balance, political insiders are closely watching who will be the beneficiary of the chaos. There are eight Democrats running: billionaire Tom Steyer, former Orange County Rep. Katie Porter, state schools Supt. Tony Thurmond, former U.S. Health and Human Services Secretary Xavier Becerra, San José Mayor Matt Mahan, former Los Angeles Mayor Antonio Villaraigosa, former state Controller Betty Yee and Swalwell. There are two GOP candidates: Steve Hilton, a former Fox News commentator, and Riverside County Sheriff Chad Bianco.

Loyola Marymount University law professor Jessica Levinson said that with key endorsements, such as labor, now back up for grabs, anyone can jump to the front of the pack. She said the safest bet on who will gain an advantage is Porter and Steyer, who with Swalwell have been the top candidates in recent opinion polls.

“But, I think this is a race where there is no heir apparent,” Levinson said. “You can’t rule out surprises anymore in this race.”

Paul Mitchell, a veteran Democratic strategist, agreed that the upheaval benefits Porter and Steyer, adding that Swalwell’s chances have been reduced to zero.

“First off, I think that staying in the race is not tenable,” Mitchell said. “And so if he does drop out of the race, what it means is that you’re going to have a lot of progressive voters looking for somebody else to go to and the primary beneficiaries should be Porter and Steyer right now, because they’re the other two that are in that kind of first tier of Democratic candidates that have been splitting up that progressive base.”

Allegations of inappropriate behavior by Swalwell had circulated for weeks on social media and in political circles. Once the San Francisco Chronicle and CNN posted stories with details from women accusing Swalwell of sexual misconduct, including rape, the swift rebuke was likened by one political strategist to a bomb detonating.

Those media outlets reported that the staff member accusing Swalwell of rape was 21 when she began working for him in 2019 in his Castro Valley district office. She said Swalwell, who is nearly two decades older, quickly began sending her messages and then nude pictures on Snapchat, a platform in which messages and images disappear after being viewed.

She said that in September 2019 she had drinks with the congressman, blacked out and could tell she had had intercourse when she woke up naked in Swalwell’s hotel bed, according to the report. In a separate encounter years later, she said he forced himself on her while she was too intoxicated to consent and despite her protests.

She said she did not report the incidents to police, citing fears she would not be believed and concerns about professional repercussions.

Another woman who began messaging with Swalwell about her interest in Democratic politics last year said she met him for drinks and that she was attempting to fend off his advances without hurting potential job opportunities when she began feeling “really fuzzy” and intoxicated, according to CNN. She told the outlet that she ended up in Swalwell’s hotel room without a memory of how she got there.

Social media creator Ally Sammarco said Swalwell sent her unsolicited nude pictures in 2021, when she was 24 years old. Another woman in her 20s, who works in marketing, said the congressman sent her unsolicited videos of his penis.

Swalwell, who is married with three young children, posted a video on Instagram on Friday in which he called the accusations of inappropriate behavior “flat [out] false,” while also acknowledging unspecified poor behavior.

“I don’t suggest to you in any way that I am perfect or that I am a saint,” he said in the video. “I’ve certainly made mistakes in judgment in my past. But those mistakes are between me and my wife. And to her I apologize deeply for putting her in this position.”

Elias Dabaie, an attorney representing Swalwell, sent cease-and-desist letters to at least two people demanding that they stop accusing the congressman of sexual assault, according to CNN. Dabaie was asked by CNN whether the congressman’s comments can be construed as acknowledging that he cheated on his wife, while denying doing anything illegal.

“I’m not going to get into the details of that,” Dabaie said.

Times staff writers Melody Peterson and Gavin Quinton contributed to this report.

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Yes, a Republican could be next governor of California. And a recall would begin immediately

Once upon a time in California, I went to the Orange County fairgrounds to watch Arnold Schwarzenegger give the signal for a wrecking ball to drop onto a vehicle.

The audience went wild, and Schwarzenegger went on to become governor and deliver on his promise to roll back a car tax increase, thereby blowing a $4-billion hole in the state budget.

I think it’s fair to say that in the current gubernatorial campaign season, the excitement level is several decibels below what we experienced in 2003. But once again, it’s fair to say we’ve not seen anything quite like this year’s derby.

“There’s no historical precedent in modern California history for a governor’s race with such a large field or such an amorphous field of candidates,” said longtime political observer Dan Schnur. “Unless you’re paying very close attention, it feels like a big multi-headed political blob.”

To break that down, eight Democrats and two Republicans are running in the primary, and here’s the craziest thing about that:

The two Republicans could be the top two vote-getters because the Democrats have arranged themselves into a circular firing squad. While the Dems scramble for votes in the June 2 primary, the two Republicans lead in the polls because they’re splitting the GOP vote, and under the rules of the top-two primary, they could face off in the November election.

That means that California, which is one of the bluest states in the country and has nearly twice as many registered Democrats as Republicans, could end up with a Republican governor, which would be like having a Dodgers manager who wears a Yankees jersey in the dugout.

And by the way, if it happens, the Republican would be able to shuffle regulatory boards, attempt to squeeze budgets and create a bit of chaos, but still not get much accomplished because of Democratic super-majorities in the Senate and Assembly.

And he would be targeted for recall even before he takes office. (More on that in a minute.)

There is a way for the Democrats to avoid this humiliation, but they can’t seem to agree on anything at the moment. Party leaders have all but asked the candidates at the bottom of the polls to bow out, but understandably the response has been, “Why me? I’m no worse than the others.”

USC decided to host a debate night, a simple enough proposition, but then flubbed the deal by leaving four candidates off the invitation list — four candidates of color. A kerfuffle followed, and the debate was dumped, and an attempt to let everyone into the party fell apart.

So now what?

It’s possible the Dems will huddle around one or two candidates who then move up in the polls and remove the threat of the unthinkable — two Republicans head-to-head. That would be Riverside County Sheriff Chad Bianco going against former Fox TV host Steve Hilton.

It’s also possible the Dems will play dirty and either spend money to promote one of the two Republican candidates or torpedo one of them. All they want, at the moment, is for a Democrat to make it past the primary, because that would all but ensure victory in November, given voter registration advantages.

And then, if that doesn’t work, there’s the recall scenario.

“You could shut it down probably within five or six months,” said Mike Madrid, a longtime California GOP political consultant.

“It would surely happen,” said Rob Stutzman, a GOP strategist who helped Schwarzenegger knock Gov. Gray Davis out of office, and take his job, in the 2003 recall.

A wealthy Democratic donor could bankroll the recall campaign, Stutzman said. Or public employee unions might put up the money, given that a Republican winner is likely to create a state version of Elon Musk’s ham-handed attempt to fire nearly everyone on the federal payroll.

“The pitch,” Stutzman said of the recall strategy in an email, would be that “Trump still looms and CA must resist, and a GOP gov is a fluke of weird election law. Difficult to imagine it wouldn’t succeed.”

I thought of one more approach the Democrats could use to make sure at least one of them is on the ballot in November. Tom Steyer, a leader for many years on one of the most critical issues in California and the world, climate change, has already spent tens of millions of dollars on TV ads that run about every two minutes, promoting him as the best candidate for governor.

They’re so repetitious, you can’t help but tune them out.

But everyone would pay close attention if Steyer instead ran ads offering incentives for either Bianco or Hilton to leave the state. Steyer could offer $10 million cash for Bianco to move to Hawaii, and maybe throw in a beach house. He could buy a private jet for Hilton to take him back to his native Britain. Every day, there could be new ads upping the ante until one of them leaves the Golden State.

Wouldn’t that be a better use of Steyer’s money? It might even get him elected.

To be honest, having some honest pushback against Democratic authority in California wouldn’t be a terrible thing. It’s not as if Gov. Gavin Newsom and other Democrats are winning the battle against homelessness, housing shortages, affordability and other big challenges, and voters understandably want more — way more — for their tax dollars.

An experienced, no-nonsense, sensible, fiscally conservative GOP candidate would do the state good.

The problem is that the two Republicans in the running, Bianco and Hilton, are Trump toadies.

In an embarrassingly amateurish political stunt, Bianco blew the president a kiss and all but begged for an endorsement by seizing 650,000 ballots from last November’s election to determine whether they were fraudulently counted.

Hilton recently said in an interview with ABC’s Eyewitness News 7 that he believes “everybody supports” Trump’s immigration policies.

Hilton might have missed the news that U.S.-born residents are carrying their passports in case they’re targeted by skin color. That Californians by the thousands have joined the resistance. That despite claims, most deportees don’t have criminal records. And that even some of the state’s GOP lawmakers have begged Trump to stop raiding industries that rely on immigrant help (and are often owned by Republicans).

And by the way, is this a smart time for a GOP candidate in California to be doing his best Trump impression?

The president’s popularity is down, consumer prices are up, he’s shamelessly pardoned drug lords and Jan. 6 barbarians, he thinks the presidency is a game of Battleship after promising to keep us out of wars, gas prices are sky high, he just said he was glad that Vietnam War hero and former FBI Director Robert Mueller had died, and he’s playing golf all day as if everything’s hunky dory.

Like I said, there’s not a big-name character like Schwarzenegger in the race, but that doesn’t mean there aren’t good options. If you like Bianco or Hilton, so be it. Otherwise I suggest you read up on the other eight:

Steyer, Supt. of Public Instruction Tony Thurmond, former L.A. Mayor and legislative leader Antonio Villaraigosa, former Rep. Katie Porter, former state attorney general and U.S. Health and Human Services Secretary Xavier Becerra, former State Controller Betty Yee, San José Mayor Matt Mahan, and U.S. Rep. Eric Swalwell.

And you better act fast.

The primary is less than 10 weeks away.

steve.lopez@latimes.com

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