Democrat Eric Swalwell and Republican Tony Gonzales resign from Congress amid sexual misconduct allegations

Democrat Eric Swalwell of California and Republican Tony Gonzales of Texas announced they would both vacate their seats in the US House of Representatives on Monday, each facing mounting allegations of sexual misconduct and the looming threat of formal expulsion proceedings. The back-to-back announcements, separated by a few hours.

The departures bring to a close two careers that had, until recently, appeared resilient: Swalwell, a fixture on national television and a veteran of both Trump impeachment trials; Gonzales, a Texas Republican whose congressional seat covers a vast stretch of the southern border. Both men leave under circumstances they could not have anticipated even a fortnight ago.

The decision followed reporting by CNN and the San Francisco Chronicle that a former staffer had accused Swalwell of sexual assault, alleging that a night of drinking ended with him having sex with her when she was unable to consent. Three additional women separately alleged other forms of sexual misconduct, including claims that the congressman sent unsolicited nude photographs and graphic messages.

Swalwell denied the assault allegation but acknowledged broader failings in his statement.

"Expelling anyone in Congress without due process, within days of an allegation being made, is wrong," he wrote. "But it's also wrong for my constituents to have me distracted from my duties. Therefore, I plan to resign my seat in Congress."

He added: "I am deeply sorry to my family, staff and constituents for mistakes in judgement I've made in my past. I will fight the serious, false allegation made against me. However, I must take responsibility and ownership for the mistakes I did make."

The collapse of Swalwell's political standing was both swift and total. Just a week before his resignation, he remained a declared candidate in California's gubernatorial primary race, actively campaigning and dismissing the emerging allegations as a coordinated smear campaign. His communications director called the claims "a false, outrageous rumour" spread by "flailing opponents who have sadly teamed up with MAGA conspiracy theorists because they know Eric Swalwell is the frontrunner in this race."

The reporting that followed unravelled that defence entirely. Endorsements evaporated. Allies withdrew. Senator Ruben Gallego of Arizona, a longstanding friend who chaired Swalwell's 2020 presidential campaign, delivered perhaps the sharpest rebuke.

"I support the ethics committee's investigation and believe Eric Swalwell is no longer fit to be a Member of Congress. He should be expelled from Congress," Gallego said in a statement. "I trusted someone who I believed was a friend, but it is now clear that he is not the person I thought I knew."

Swalwell's resignation is not his first brush with congressional scrutiny.

In 2023, then-Speaker Kevin McCarthy removed him from the House Intelligence Committee, a panel he had served on prominently, citing questions over his alleged targeting by a suspected Chinese intelligence operative. McCarthy wrote in a letter to Minority Leader Hakeem Jeffries: "I cannot put partisan loyalty ahead of national security, and I cannot simply recognise years of service as the sole criteria for membership on this essential committee. Integrity matters more." A separate Ethics Committee investigation related to that matter was closed without action.

The timing of Swalwell's departure remains to be confirmed precisely; a special election to fill his seat is expected to take place as early as this summer.

"There is a season for everything and God has a plan for us all," Gonzales wrote on X. "When Congress returns tomorrow, I will file my retirement from office. It has been my privilege to serve the great people of Texas."

The announcement came after weeks of intensifying scrutiny following reporting by the San Antonio Express-News that Gonzales had engaged in an affair with Regina Santos-Aviles, a former regional director on his staff. Santos-Aviles died last year after setting herself on fire outside her home in Uvalde.

Gonzales initially denied the allegations before admitting to the affair in March, describing it as "a lapse in judgement." He subsequently withdrew from his re-election bid after Speaker Mike Johnson and the House Republican leadership urged him to stand down — though they stopped short of calling for his immediate resignation from office.

The House Ethics Committee launched a formal investigation into Gonzales last month. Relationships between members of Congress and their staff are explicitly prohibited under the House Code of Official Conduct.

Text messages obtained by Axios and shared by Santos-Aviles' husband, Adrian Aviles, illustrated the nature of the communications between the two. In one exchange from May 2024, Gonzales asked Santos-Aviles for a "sexy pic." Santos-Aviles replied: "this is too far tony." Gonzales had also been accused of sending lewd messages to at least one other former member of staff.

That political architecture ultimately proved unnecessary. Both men chose departure over the prospect of being formally expelled — the most severe sanction available to the House of Representatives.