Manhattan DA Opens Investigation Into Swalwell as Luna Files Expulsion Motion; Four Women Have Made Accusations
The Manhattan District Attorney's office confirmed Saturday it is investigating a sexual assault allegation against Rep. Eric Swalwell, who is running for California governor. Rep. Anna Paulina Luna has filed a privileged motion to expel him from the House, and both of Swalwell's gubernatorial campaign co-chairs have resigned.
The Manhattan District Attorney's office said Saturday, April 12, that it is investigating a sexual assault allegation against Rep. Eric Swalwell (D-CA), one day after CNN reported that a former staffer accused Swalwell of having sex with her on two occasions when she was too intoxicated to consent. Separately, Rep. Anna Paulina Luna (R-FL) announced she is filing a privileged motion to expel Swalwell from the House, which would force a floor vote without committee action.
Swalwell, who is running for California governor, posted his response to his official account on X on Friday evening: "Hear it directly from me. These allegations are flat false. And I will fight them." His attorney also sent a cease-and-desist letter to one of the accusers.
The accusations
Four women have made allegations against Swalwell, according to the CNN and San Francisco Chronicle investigations that broke the story:
| Accuser | Allegation as reported | Context |
|---|---|---|
| Former staffer (primary accuser) | Sexual assault on two occasions when she was "too intoxicated to consent"; said she woke up to Swalwell having sex with her and was "pushing him off" | Reported by CNN; Manhattan DA now investigating |
| Second woman | Non-consensual kiss in public | Reported by CNN |
| Third and fourth women | Unsolicited sexually explicit photos or videos sent by Swalwell | Reported by CNN |
| Former staffer (SF Chronicle) | Swalwell began messaging her on Snapchat when she was 17 and he was 38 | Reported by San Francisco Chronicle |
Wire has not independently verified these accounts. The sourcing above reflects the investigations published by CNN and the San Francisco Chronicle, whose reporters interviewed the accusers directly.
The DA investigation
The Manhattan DA's confirmation that it is investigating the primary allegation — which involves an alleged assault in a New York City hotel — is the first law-enforcement action in the case. The DA's office confirmed the investigation to multiple news organizations on Saturday but has not published a formal press release. New York law classifies sexual assault involving an incapacitated victim as a felony.
The expulsion motion
Rep. Anna Paulina Luna posted to her official X account: "I am filing a motion to expel Eric Swalwell from Congress." Because a motion to expel is privileged, Luna can force a floor vote without going through committee — meaning every member will have to vote up or down. Expulsion requires a two-thirds supermajority (290 votes in the current 435-member House). Only five members have been expelled in the entire history of the House, three of them during the Civil War.
The NYT reported that the Swalwell expulsion vote could trigger a "chain reaction" of removal votes, noting that Rep. Tony Gonzales (R-TX) also faces misconduct allegations and could be subject to a parallel motion.
Political fallout
The gubernatorial campaign has effectively collapsed:
- Rep. Jimmy Gomez resigned as campaign co-chair and said Swalwell "should leave the race now"
- Rep. Adam Gray also resigned as campaign co-chair and called for the campaign to be suspended
- California Governor Gavin Newsom said the allegations "from multiple sources are deeply troubling and must be taken seriously"
- House Minority Leader Hakeem Jeffries and former Speaker Nancy Pelosi have both called for Swalwell to end the gubernatorial campaign
Swalwell has not suspended his campaign as of Saturday evening. He is running in a crowded field that also includes Steve Hilton, who received Donald Trump's endorsement, and several other Democratic and Republican candidates for the 2026 race.