Congress Faces New Wave of Sexual Misconduct Allegations and Resignations

by ethan.brook News Editor

The sudden resignations of two lawmakers from opposite sides of the political aisle suggest a shifting tide on Capitol Hill, as the Swalwell, Gonzales resignations point to new push for accountability in Congress. Democratic Rep. Eric Swalwell of California and Republican Rep. Tony Gonzales of Texas both announced their departures this week, preempting expected expulsion votes following serious allegations of sexual misconduct.

The departures mark a rare moment of bipartisan alignment in an era of extreme polarization. While the two men represent different parties and districts, both faced a coordinated chorus of calls from colleagues to step down, signaling a lowered tolerance for ethical lapses that might have been ignored or excused in previous congressional sessions.

The fallout extends beyond the two resigning members. The House Ethics Committee has opened investigations into four lawmakers in total, including two representatives from Florida. This concentrated push for sunlight on lawmaker conduct comes amid a changing media landscape where allegations propagate rapidly online and a growing public appetite for accountability following the release of files related to the late sex offender Jeffrey Epstein.

For some observers, this represents a secondary wave of the #MeToo movement, occurring a decade after the initial explosion of survivors speaking out against powerful men. Jennifer Lawless, a politics professor at the University of Virginia and co-author of “Women on the Run: Gender, Media and Political Campaigns in a Polarized Era,” noted that the most striking element is the outcome. “What’s unusual is that [the resignations are] actually happening, where there have been ethical lapses in the past and allegations in the past – and excuses have been made,” Lawless said.

The catalyst of misconduct and legal peril

The paths to resignation for Swalwell and Gonzales differed in timing but converged in severity. Representative Swalwell suspended his campaign for California governor over the weekend after reports emerged detailing accusations of sexual assault by a former staffer, alongside other accounts of sexual harassment. While he denied the most serious allegations in a statement, he apologized for “mistakes in judgment.” The pressure intensified on Tuesday when another woman held a press conference accusing him of sexual assault; her attorney stated they intend to file a report with the Los Angeles County Sheriff’s Department.

Representative Gonzales’ departure follows a slower but equally steady collapse of support. Gonzales admitted to an extramarital affair with a staffer who later died by suicide and has faced additional accusations of sexual misconduct. Although he ended his reelection campaign in March, he remained in office until this week. Some analysts suggest Speaker Mike Johnson was hesitant to push for an early exit given the Republican Party’s precarious, slim majority in the House, but the subsequent allegations against Swalwell shifted the political calculus.

Republican Rep. Tony Gonzales of Texas is seen in the U.S. Capitol, July 14, 2022, in Washington.

The ‘Epstein Effect’ and the culture of the callout

The drive for accountability is not occurring in a vacuum. Many of the lawmakers most vocal about these resignations—including Democratic Rep. Ro Khanna and Republican Rep. Anna Paulina Luna—have also demanded the full release of files associated with Jeffrey Epstein. The steady stream of information regarding the connections between public figures and the financier has fueled widespread public mistrust and a demand for systemic cleaning of the “cesspool” of politics.

Former Republican Rep. Marjorie Taylor Greene explicitly linked the current congressional upheaval to the Epstein scandal in a post on X, arguing that the lack of prosecutions for those in the Epstein files has left a void of justice that is now manifesting as internal congressional purging.

Michael Gerhardt, a professor at the University of North Carolina at Chapel Hill specializing in legal ethics, suggests that the Epstein fallout has created a climate where bad behavior can no longer be ignored. However, he also warns that this momentum is intertwined with “tribal politics,” where censure and expulsion are becoming weapons in a “tit-for-tat” culture. In this environment, lawmakers may seek to outdo one another in punishing colleagues of the opposing party.

Expulsion vs. Due Process

The threat of expulsion is the ultimate deterrent in the House, but it is historically rare. Requiring a two-thirds majority vote, it necessitates a level of bipartisan agreement that is seldom achieved. Only six members have been expelled in U.S. History, with the most recent being George Santos in 2023. The prospect of expelling four members simultaneously—two for misconduct and two for financial or personal crimes—would have been an unprecedented exercise of congressional power.

Current Status of House Ethics Investigations
Lawmaker Party Primary Allegations Current Status
Eric Swalwell Democrat Sexual assault/harassment Resigning
Tony Gonzales Republican Sexual misconduct/affair Resigning
Sheila Cherfilus-McCormick Democrat Fraud ($5M pandemic funds) Investigation/Expulsion call
Cory Mills Republican Domestic violence/stolen valor Investigation/Expulsion call

Richard Painter, former chief ethics lawyer to George W. Bush, notes that while the bar for expulsion must remain high to protect the constitutional will of the voters, the conduct of Swalwell and Gonzales met that threshold. The danger, Painter suggests, is when the process of policing unfit conduct begins to override the electoral process itself.

The situation remains fluid for the remaining two members under investigation. Speaker Mike Johnson has already expressed his belief that Rep. Sheila Cherfilus-McCormick should be expelled following a subcommittee finding of multiple violations. The full House Ethics Committee is expected to determine the recommended consequences for the remaining members next week.

As the House prepares for these determinations, the focus shifts to whether this “accountability push” is a permanent shift in congressional ethics or a temporary byproduct of a highly volatile political cycle. The next official checkpoint will be the Ethics Committee’s report due next week, which will dictate whether further expulsions are imminent.

Do you believe Congress is doing enough to police its own? Share your thoughts in the comments or share this story on social media.

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