Congress appears to be having a #MeToo, Part 2, moment.
This week, Democratic Rep. Eric Swalwell of California and Republican Rep. Tony Gonzales of Texas announced their resignations from the U.S. House of Representatives ahead of expected expulsion votes.
Both men face serious allegations of sexual misconduct. Notably, each also faced a chorus of calls from colleagues on both sides of the aisle to step down.
Why We Wrote This
Fallout from the Epstein scandal and a changing media environment might be contributing to a new push for sunlight and accountability on Capitol Hill. This week’s unusual resignations could be followed by even more.
The outcry highlights a new push for accountability on Capitol Hill, driven in part by fallout from the Epstein scandal and a media environment in which allegations can spread faster than ever online. To some extent, it’s part of a growing “callout” culture, with lawmakers increasingly censuring one another as a new weapon in partisan politics.
But it also suggests a changing landscape for politicians, as well as for women speaking out about abuses by powerful men, some 10 years after the #MeToo movement first exploded across America – even as survivors of the late sex offender Jeffrey Epstein’s crimes say they still haven’t seen justice.
“The Epstein survivors’ courage and bravery, and the attention on the depravity of these predators and sexual assaulters in the Epstein ring, have emboldened other women to come forward,” says Democratic Rep. Pramila Jayapal of Washington in an interview. “I do think it’s a second #MeToo.”
What’s notable about this current push in Congress, experts say, is that the accusations were swiftly followed by action.
“There have been ethical lapses [among lawmakers] in the past, and allegations in the past – and excuses have been made,” says 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.”
Representative Swalwell suspended his campaign for California governor over the weekend after two outlets published accusations of sexual assault by a former staffer and other women came forward with stories of sexual harassment. In a statement, he denied the most serious allegations but also apologized for “mistakes in judgment.”
On Tuesday, another woman gave a press conference accusing Mr. Swalwell of sexual assault. Her attorney said they planned to file a police report with the Los Angeles County Sheriff’s Department.
Representative Gonzales has admitted to an extramarital affair with a staffer who later died by suicide, and has faced other accusations of sexual misconduct.
Both men officially submitted their resignations to the House on Tuesday afternoon.
Two other House members, both from Florida, are also facing calls to resign and potential expulsion votes, though the accusations against them do not involve sexual misconduct. Republican Rep. Cory Mills faces accusations ranging from domestic violence to stolen valor, and Democratic Rep. Sheila Cherfilus-McCormick faces federal charges for allegedly stealing $5 million in pandemic relief funds that she used to support her campaign. House Speaker Mike Johnson told reporters Tuesday he believed Representative Cherfilus-McCormick should be expelled.
The House Ethics Committee has opened investigations into all four members. An Ethics subcommittee has already found Representative Cherfilus-McCormick guilty of multiple violations, and the full committee is expected to determine next week what consequences it will recommend.
The Epstein effect
Several members who have been most vocal in calling for these lawmakers to resign or be expelled – like Democratic Rep. Ro Khanna of California and Republican Rep. Anna Paulina Luna of Florida – were also outspoken in demanding the release of files related to Mr. Epstein. The steady drip of information from those released files, detailing many public figures’ connections with the disgraced financier, has ignited a firestorm of public anger and mistrust.
Former Republican Rep. Marjorie Taylor Greene drew a direct line between the resignations in Congress and the upheaval caused by the Epstein files, arguing that much more still needs to change.
“Both Congressmen [who resigned] were linked to Jeffrey Epstein type sexual issues,” she wrote in a post on the social platform X. “To this day, no one in the Epstein files has been prosecuted. And Congress is still a cesspool.”
Indeed, some observers say that fallout from the Epstein scandal is a factor in why so many lawmakers have supported consequences for these members.
“I think the Epstein stuff is probably creating more pressure on people not to let bad behavior go unaddressed,” says Michael Gerhardt, a professor at the University of North Carolina at Chapel Hill with expertise in legal ethics.
The fact that the members of Congress currently facing calls for expulsion are divided evenly between Republicans and Democrats has also made it easier for lawmakers to take a stand. This week’s departures will not change the balance of power in the House.
Allegations about Mr. Gonzales surfaced months ago, leading him to end his reelection campaign in March. But with House Republicans holding an exceedingly slim majority, Speaker Johnson showed little inclination to push him to an early exit. That calculation changed when information began to come out about Mr. Swalwell, as he campaigned for California governor, leading to calls for his removal.
“If Gonzales would have resigned four or five days ago [before Representative Swalwell resigned], I don’t know what the Democrats would have done,” says Dr. Lawless.
Political calculations
Historically, it’s very rare for Congress to expel one of its members. The process requires a two-thirds vote in the House or Senate, all but ensuring bipartisan agreement. Only six members have ever been expelled, with the most recent being former Republican Rep. George Santos of New York in 2023.
Prior to this week’s resignations, Representative Luna had planned to file a motion to expel Mr. Swalwell, while Democratic Rep. Teresa Leger Fernández of New Mexico was leading an effort to expel Mr. Gonzales.
Richard Painter, who served as chief ethics lawyer to former President George W. Bush, says the recent, rare discussions around expelling four members at once raise difficult questions about balancing Congress’ authority to police itself with the will of the voters who elected those members into office.
“When you start expelling members because you say their conduct is unfit, that can dramatically change the outcome of the electoral process and what the Constitution intends,” he says. “And so I think there needs to be a very high bar for that.” With regard to Representatives Swalwell and Gonzales, Mr. Painter says he believes that bar has been met.
On Tuesday evening, not all lawmakers were willing to call for the resignations or expulsions of the other two members facing charges of misconduct.
“I think [Representatives Mills and Cherfilus-McCormick] deserve a day in court before we expel them,” says Republican Rep. Buddy Carter of Georgia.
Others say the House has a right to maintain its own ethical standards and get rid of members who aren’t living up to them.
“We’re an independent body,” says Republican Rep. Dan Newhouse of Washington. “Due process is important, but I think we have some leeway as the House of Representatives.”
Some congressional experts note that members seem to be increasingly taking it upon themselves to call out their colleagues’ misbehavior – particularly those of the opposing party.
Last November, at least four members from both parties introduced resolutions to censure other members over the course of one week. A censure resolution is a symbolic measure to formally condemn a member for misconduct. Some of these members’ colleagues became so frustrated with these votes taking up floor time that they tried to pass a law to raise the bar to censure someone.
According to Professor Gerhardt, tribal politics and a “tit-for-tat” culture in Congress have fed into the latest momentum around censuring and expulsion.
“People are trying to outdo each other in terms of what kind of harm they could do to each other,” he says. “With that kind of mentality already set up in the House, then when you get information that feeds it, it gets extremely intense and we have the circumstance we’ve got now.”
Note: This story was updated Tuesday evening to incorporate new comments from lawmakers.
