Allegations of sexual misconduct against Rep. Eric Swalwell (D-Calif.) spurred the end of his gubernatorial bid and tenure in Congress. But legal scrutiny over the claims are just getting started.
Swalwell announced his resignation Monday evening, just days after initial reports emerged alleging that he twice sexually assaulted a former aide and engaged in sexual misconduct toward other women. On Tuesday, another woman came forward claiming he had drugged, choked and raped her.
His lawyer called the allegations a “ruthless and shameless attempt to smear” him.
"Congressman Eric Swalwell categorically and unequivocally denies each and every allegation of sexual misconduct and assault that has been leveled against him,” his lawyer, Sara Azari, said in a statement Tuesday. Azari is also a legal analyst for NewsNation, The Hill's sister network.
The Gavel sought additional comment from another lawyer, Elias Dabaie, and Swalwell's former campaign office.
Swalwell’s former congressional chief of staff Benjamin Burnett responded that he no longer worked for the congressman and would not be “contacting/coordinating with him in any way.”
“He rightfully has no one working for him anymore,” Burnett said in a statement to The Gavel.
Criminal investigation into sexual assault claim
The allegations against Swalwell, first reported by the San Francisco Chronicle and CNN, open him up to both criminal investigation and civil liability.
One of Swalwell’s accusers, a former staffer, has alleged that he raped her while she was intoxicated and refused him, leaving her bleeding and bruised. She told CNN that it was the second time the former congressman had nonconsensual sexual contact with her while she was drunk.
Already, the allegations have spurred a criminal probe — with others likely on the horizon.
The alleged assault occurred in a New York City hotel room, following a gala the two attended in 2024. Manhattan District Attorney Alvin Bragg (D) has reportedly opened an investigation into the incident, urging “survivors and anyone with knowledge of these allegations” to contact his office’s Special Victims Division.
The Democratic district attorney has not shied away from high-profile sexual misconduct prosecutions. Most prominently, he initiated a retrial of disgraced Hollywood mogul Harvey Weinstein after his 2020 rape conviction was reversed. A jury returned a mixed-bag verdict, convicting Weinstein on one count and acquitting him on another. A third count resulted in a mistrial, but the retrial is beginning this week.
If Bragg proceeds to prosecute Swalwell, the former congressman could face a range of charges that carry the possibility of prison time if convicted. Under New York law, a person cannot consent to sexual activity if they are “mentally incapacitated” or “physically helpless” from drug or alcohol use.
Notably, many sexual offenses in New York don’t have a statute of limitations.
The Gavel sought comment from Bragg.
The district attorney’s office in Alameda County, Calif., where the same woman said the first nonconsensual sexual contact with Swalwell occurred, told The Gavel that it is “gathering background information” but that no alleged victim has so far contacted the office. The office declined to further discuss “open investigations.”
Three other women alleged Swalwell engaged in sexual misconduct, including by sending unsolicited explicit messages or nude photos.
FBI Director Kash Patel said that Swalwell and the women were “welcome” to speak to the agency about the matter.
"Door is open to all,” he wrote on X.
After the initial group of accusers came forward, another woman, Lonna Drewes, alleged at a press conference Tuesday that Swalwell offered her connections and, in 2018, drugged, choked and raped her.
Her lawyer, Lisa Bloom, said that Drewes would immediately be filing a police report with the Los Angeles County Sheriff’s Department and encouraged the office to “fully and promptly” investigate her complaint. She also said that Drewes would cooperate with Bragg’s investigation, and that three additional women had contacted her with allegations against Swalwell since Drewes went public.
The Los Angeles County District Attorney’s office said in response to an inquiry by The Gavel it was investigating Swalwell by late Tuesday afternoon.
"Our office has assigned our Sex Crimes Division to work closely with law enforcement partners as this investigation unfolds. When and if a case is presented, seasoned prosecutors will review the facts and evidence to determine whether there is sufficient evidence for charges to be filed," Los Angeles County District Attorney Nathan J. Hochman said in a statement.
Bloom told The Gavel that they would fully cooperate with the investigation “so that justice may be done.”
The Los Angeles County Sheriff’s Department shortly later confirmed the investigation, as well, saying the probe involves a female adult who reported being sexually assaulted by Swalwell in July 2018 in West Hollywood.
The department said the investigation is in “preliminary stages” and “ongoing,” as investigators gather information, review evidence and conduct follow-up inquiries. Once the investigation is completed, the case will be presented to Hochman’s office for filing consideration.
Bloom told The Gavel that they would fully cooperate with the investigation “so that justice may be done.”
All 50 states and the District of Columbia also allow civil lawsuits for sexual misconduct. The big difference: Criminal cases require proof “beyond a reasonable doubt,” while civil cases require only a “preponderance of the evidence,” meaning it’s more likely than not that the incident occurred.
It’s unclear whether any of the women are planning to pursue civil lawsuits against Swalwell.
Adam Parkhomenko, a Democratic strategist and the husband of political influencer Ally Sammarco, one of the women who came forward, said that he would pursue legal action if Swalwell spoke negatively of his wife.
“I wish the best for his family, and I hope he gets the help he needs,” Parkhomenko wrote on X. “But if Eric Swalwell or his attorney makes a single statement that disparages my wife, I will be filing a lawsuit against him.”
Amid denials, Swalwell vows to pursue legal action
Despite acknowledging some “mistakes,” Swalwell has forcefully denied his accusers’ accounts.
An attorney for the former congressman reportedly sent two of the women CNN spoke with cease-and-desist letters, which called their accounts “false” and warned of potential legal action if they keep speaking out.
The letters also said the women had “voluntary and cooperative” relationships with Swalwell for years, suggesting it “undermined” their claims, according to CNN.
If Swalwell believes he has faced a legally recognized harm, like defamation or harassment, he could also file suit against the women.
Azari, his other lawyer, said Swalwell intends to fight the “despicable and baseless accusations.”
"We are confident that the truth will prevail, and we will pursue every available legal remedy against those responsible for orchestrating this reprehensible campaign of lies,” she said.
Resignation spurs call for additional lawmaker ousters
With Swalwell leaving Congress, it has ramped up the pressure for other colleagues accused of misconduct to do the same.
Rep. Tony Gonzales (R-Texas), who also faces allegations of sexual misconduct, resigned Tuesday. He was expected to resign after already announcing last month that he would not seek reelection following his admission that he had an affair with a staffer who later died by suicide.
Swalwell's departure has also increased demands that Rep. Shelia Cherfilus-McCormick (D-Fla.), accused of stealing federal disaster funds amid the COVID-19 pandemic and funneling some of it into her congressional campaign, resign or face expulsion. She has pleaded not guilty.
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