Two U.S. Representatives Resign Amid Misconduct Allegations

Two members of the U.S. House of Representatives, Democrat Eric Swalwell of California and Republican Tony Gonzales of Texas, submitted their resignations to the House on Tuesday, January 6, 2026. Their departures occurred as separate resolutions for their expulsion were being prepared by other members, following public allegations of misconduct and the initiation of House Ethics Committee investigations.

Resignation Details

• Eric Swalwell (D-Calif.) submitted his resignation effective at 2:00 p.m. ET on Tuesday.
• Tony Gonzales (R-Texas) submitted his resignation effective at 11:59 p.m. ET on Tuesday.

Background on Allegations

Swalwell, a seven-term representative first elected in 2012, had been a candidate in the California gubernatorial race. He suspended that campaign on Sunday, January 4.

On Friday, January 2, the San Francisco Chronicle reported an allegation from a former congressional aide who stated Swalwell sexually assaulted her on two occasions when she was intoxicated.

Also on January 2, CNN reported that three other women alleged various forms of sexual misconduct by Swalwell, including receiving unsolicited explicit messages and photographs.

On Tuesday, January 6, another woman alleged Swalwell drugged, raped, and choked her in a California hotel room in 2018. Her lawyers stated she would report the incident to law enforcement. The Manhattan District Attorney's office has stated it launched a probe into Swalwell regarding an alleged assault in New York.

Gonzales, a representative first elected in 2020, had announced in March 2025 that he would not seek re-election.

He faced scrutiny after admitting to an affair with a staff member, Regina Santos-Aviles, who died by suicide in September 2023. Text messages confirmed by the woman's husband showed Gonzales sent her sexually explicit messages in May 2024.

A second former staff member told NBC News that Gonzales also sent her sexually explicit text messages, including requests for sex and nude photos.

Statements and Responses

In a statement posted to social media on Monday, January 5, Swalwell said: "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."

"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. Therefore, I plan to resign my seat in Congress."

His attorney, Sara Azari, issued a statement saying: "Congressman Eric Swalwell categorically and unequivocally denies each and every allegation of sexual misconduct and assault that has been leveled against him. These accusations are false, fabricated, and deeply offensive."

In a social media post announcing his resignation, Gonzales wrote: "There is a season for everything and God has a plan for us all." He did not cite the specific allegations as the reason for his resignation.

House Speaker Mike Johnson (R-La.) stated he believed both representatives made the right decision by resigning. House Minority Leader Hakeem Jeffries (D-N.Y.) stated Swalwell "made the right decision" in resigning.

Congressional and Expulsion Process

The House Ethics Committee had opened investigations into both Swalwell and Gonzales. The committee's jurisdiction ends when a member leaves Congress, so these investigations are effectively concluded. Law enforcement investigations into the allegations can continue independently.

Prior to the resignations, a cross-party effort led by Representative Anna Paulina Luna (R-Fla.) and Representative Teresa Leger Fernández (D-N.M.) coordinated to introduce separate expulsion resolutions. Both lawmakers stated they had built sufficient bipartisan support for the resolutions to pass if votes were held.

Expelling a member of the House requires a two-thirds vote, a historically rare action. The most recent expulsion was of Representative George Santos (R-N.Y.) in 2023.

Political Impact and Aftermath

The resignations change the House party composition to a 216-213 Republican majority. This balance will shift again when Clay Fuller (R-Ga.) is sworn in later Tuesday to succeed former Representative Marjorie Taylor Greene.

California Governor Gavin Newsom announced a special election to fill Swalwell's now-vacant 14th congressional district seat will be held on August 18, 2026. It is unclear if the governor of Texas will call a special election to fill Gonzales's seat, as voters are already scheduled to elect replacements in the November 2026 general election.

Related Ethics Matters and Reactions

Following the resignations, attention shifted to other House members under Ethics Committee review.

A special bipartisan House Ethics subcommittee found Representative Sheila Cherfilus-McCormick (D-Fla.) guilty of 25 violations related to allegations she misused federal relief funds for her campaign. She has denied the allegations and pleaded not guilty in a related criminal case. The full Ethics Committee is scheduled to announce recommended sanctions on April 21, 2026.

Speaker Johnson stated he believes there will be a House "consensus" that Cherfilus-McCormick "should be expelled."

Representative Cory Mills (R-Fla.) is under investigation by the Ethics Committee for several allegations, including financial and sexual misconduct. Mills has denied wrongdoing.

Some members of Congress commented on the broader situation. Representative Nydia Velázquez (D-N.Y.) wrote that "Congress should not tolerate representatives who abuse staff, betray public trust for personal gain, and generally violate their oath of office." Representative Nancy Mace (R-S.C.) wrote, "Congress has a predator problem."

Note on Reporting: The allegations detailed in media reports against the representatives have not been independently verified in this summary. The individuals accused have denied the allegations.