Swalwell and Gonzales resign from Congress under threat of expulsion

(CNN) — Reps. Eric Swalwell and Tony Gonzales resigned from Congress Tuesday, moments before their House colleagues were prepared to set in motion their swift removal.

The Democrat and Republican escaped the almost certain public embarrassment of an expulsion vote on the House floor. But while they narrowly avoided the most severe consequence possible for a member of Congress, they are still exiting their positions on Capitol Hill engulfed in separate scandals resulting in high-profile political free falls.

The pair of resignations, the intentions of which were announced in quick succession Monday night, amounts to a stunning moment in the US House of Representatives where pressure from members on both sides of the aisle for accountability had made the environment for the lawmakers to stay in Congress essentially untenable.

“I am deeply sorry to my family, staff, and constituents for mistakes in judgment 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,” Swalwell wrote in his letter to Speaker Mike Johnson resigning his seat, effective immediately.

“I am aware of efforts to bring an immediate expulsion vote against me and other members. Expelling anyone in Congress without due process, within days of an allegation being made, is wrong. But it’s also wrong for my constituents to have me distracted from my duties,” he continued, adding that he would work with his staff “in the coming days” to make certain they could serve his district.

Gonzales’ resignation, set for 11:59 p.m. ET, was also read into the House record.

Swalwell announced his resignation in the days following reporting from CNN and the San Francisco Chronicle that a former staffer accused him of sexual assault, describing a night of drinking that ended with him having sex with her when she could not consent. In addition to the allegation of sexual assault, three other women who spoke with CNN alleged other sexual misconduct, including that Swalwell sent unsolicited nude photos and graphic messages.

The California Democrat’s resignation comes in the immediate aftermath of an announced House ethics investigation and mounting pressure from colleagues on both sides of the aisle to step down. Swalwell, who has repeatedly denied the allegations, had already suspended his California gubernatorial bid — though that did not tamp down calls that he leave his job. He is also facing an inquiry by the Manhattan District Attorney’s Office.

Gonzales, meanwhile, announced he was stepping down amid his own House Ethics Committee probe. Last month, the Texas Republican acknowledged an affair with a staffer who later died by suicide. He is also facing allegations that he sent a former campaign staffer lewd texts, which the congressman has not addressed.

It was not yet clear whether lawmakers had secured the needed votes to expel Swalwell and Gonzales, but members in both parties had been plotting on how to convince two-thirds of the House to remove the men, making the threat of expulsion a real possibility.

The resignations help Republican and Democratic leaders alike avoid the complicated path toward an expulsion vote.

House Speaker Mike Johnson and House Minority Leader Hakeem Jeffries told reporters separately Tuesday they agreed with the decisions of both men to resign from Congress, even though neither leader had publicly called on them to do so ahead of the announcements.

“I do,” Johnson said when asked if he believed they made the right decision. “My views have been made known about the terrible allegations that were made and obviously the facts that they both admitted to and I believe it was the appropriate thing.”

Jeffries simply responded “yes” when asked if they made the right decision.

As the allegations against Swalwell came to light, a plan emerged behind the scenes for a congresswoman from each party, Democratic Rep. Teresa Leger Fernández of New Mexico and GOP Rep. Anna Paulina Luna of Florida, to each draft an expulsion measure to force separate removal votes targeting the two members. The GOP representative’s measure would target Swalwell, while the Democrat’s would target Gonzales.

Each put Swalwell and Gonzales on notice that if they did not resign by 2 p.m. ET, they would move forward with expulsion. They ultimately held their motions under assurances that each member was getting their resignation in order.

“I have received word that Swalwell has begun the internal process of switching his staff over to the Clerk of the House. His resignation will be incoming shortly. Same with Tony,” Luna posted on X Tuesday morning.

The calculation behind the effort was for both parties to lose a member — which would mean no change in Johnson’s fragile majority. In reality, however, GOP and Democratic leaders were not in favor of expulsion votes, which they feared would set a concerning precedent in the House, where only six members have ever been expelled.

While House GOP leaders had called on Gonzales to not run for reelection, they had not pushed him to immediately resign, knowing they couldn’t afford to lose his vote in the historically narrow majority.

Johnson, for his part, has opposed expelling members in the past, which he has said required a complete investigation by the House Ethics Committee.

But the calculation inside the GOP had begun to change as Democrats appeared increasingly likely to back expulsion for one of their own.

Tuesday’s departures, however, do not mark an end to accountability efforts targeting members.

Some lawmakers also want to expel Democratic Rep. Sheila Cherfilus-McCormick of Florida, who was recently found guilty by the House Ethics Committee of campaign finance violations, among other violations, and others want to force out Republican Rep. Cory Mills of Florida, who is under investigation by the ethics panel in connection with allegations that include sexual misconduct and campaign finance infractions.

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CNN’s Alison Main and Manu Raju contributed to this report.