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Reps. Eric Swalwell (D-California) and Tony Gonzales (R-Texas) - two lawmakers who faced ethics investigations and accusations of sexual misconduct - averted a growing bipartisan effort to expel them from Congress by announcing Monday they would resign their seats instead.
Reports of allegations of sexual assault and sexual misconduct against Swalwell had triggered furor in the House and calls for the longtime California congressman resign from his seat or be kicked out. On Monday, the House Ethics Committee announced it had opened an investigation into Swalwell's alleged misconduct, "including towards an employee working under his supervision."
Though Swalwell has vehemently denied accusations of sexual assault, he resigned before the committee's investigation could kick off in full steam.
Lawmakers had planned to introduce a resolution to expel Swalwell on Tuesday alongside one to expel Gonzales, who has acknowledged having a sexual relationship with a subordinate, which is prevented under House rules. The resolutions against both lawmakers could have triggered votes as early as Wednesday.
As pushes to expel Swalwell and Gonzales gained momentum over the weekend, some lawmakers also suggested forcing votes to oust Rep. Sheila Cherfilus-McCormick (D-Florida) and Cory Mills (R-Florida), who for months have been embroiled in controversy over different alleged ethics violations - which they both deny.
"Time to clean House," Rep. Nancy Mace (R-South Carolina) wrote Sunday on X.
Both parties appear to be factoring in the razor-thin majority that Republicans hold in the chamber as they weigh whether to oust members.
Some lawmakers pushed first for an expedited ethics investigation of Swalwell before they voted to expel.
Expulsions require a two-thirds majority vote and are exceedingly rare. The last time a member was expelled from the House was in 2023, when numerous Republican lawmakers voted with Democrats to oust George Santos, a GOP congressman representing New York. Before Santos, the chamber had taken such an action only five times in U.S. history.
Here are the lawmakers who could face punishments up to expulsion and why.
• Rep. Eric Swalwell (D-California)
Swalwell, who was first elected in 2012 and was running for California governor, saw has seen cratering support after reports published Friday accusing him of sexually assaulting a former employee and of other types of sexual misconduct. Swalwell has denied allegations of sexual assault but also apologized for "mistakes in judgment I've made in my past," which he said were between him and his wife. He suspended his gubernatorial campaign late Sunday night and abruptly announced he was resigning from Congress on Monday.
Rep. Anna Paulina Luna (R-Florida) had said Saturday she would file a privileged resolution to expel Swalwell from Congress, a move that would force a floor vote. At least half a dozen Democrats publicly stated they would support Luna's motion.
House Democratic leaders stopped short of asking Swalwell to resign - instead calling for a "swift investigation" into the assault allegations against him - but the California congressman has already lost the support of much of his staff and some of his strongest Democratic allies.
• Rep. Tony Gonzales (R-Texas)
Rep. Teresa Leger Fernandez (D) said Sunday she would also file a privileged resolution to expel Gonzales, who was already being investigated by the House Ethics Committee for having an affair with a staff member who later set herself on fire and died.
For months, House GOP leaders said they preferred to let the issue "play out," even as the scandal dogged Gonzales's primary race. House Speaker Mike Johnson (R-Louisiana) and other GOP leaders called on Gonzales to resign after Gonzales fell short of the majority required to avoid a runoff in the GOP primary for his West Texas seat.
Gonzales dropped his bid for reelection last month after acknowledging the affair with his former aide, but he has said he will serve out the rest of his term.
"I look forward to the Ethics Committee starting an investigation. I appreciate the opportunity to be able to provide all the facts and all the details that lead to exactly what occurred in the entire situation," Gonzales said in a radio interview last month.
• Rep. Sheila Cherfilus-McCormick (D-Florida)
Of the four lawmakers being considered for expulsion, Rep. Sheila Cherfilus-McCormick (D-Florida) is the only member already officially found to have violated House ethics rules. The House Ethics Committee made the determination last month as a result of a years-long investigation into whether the congresswoman used coronavirus pandemic money to boost her congressional campaign.
The committee released a lengthy investigation report that accused Cherfilus-McCormick of 27 ethics violations. Separately, the congresswoman faces criminal charges and up to 53 years in prison in connection to an overpayment of Federal Emergency Management Agency funds.
The Florida Democrat has long maintained her innocence, saying last month that she is looking forward to disputing the charges, which she has called "unjust." The Ethics Committee is expected to meet on April 21 to determine whether Cherfilus-McCormick should be expelled, censured or face some other form of discipline.
• Rep. Cory Mills (R-Florida)
Rep. Cory Mills (R-Florida) is also under active investigation by the Ethics Committee, which is looking into a wide array of allegations, including accusations of campaign finance violations, financial misconduct and sexual misconduct.
The panel is also looking into whether Mills failed to properly disclose required information to the House, whether he improperly solicited or received gifts and whether he used his position to receive special favors.
Mills has denied the accusations, which he has faced since first taking office in 2023. The Office of Congressional Conduct has also recommended the Ethics Committee review allegations that Mills benefited from federal weapons contracts while in office.
In February, an ex-girlfriend of Mills received an order of protection against the congressman after she accused him of threatening her with revenge porn. In a statement, Mills denied any wrongdoing. That same month, police investigated him for allegedly assaulting a woman in his D.C. apartment.
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