Sexual assault allegations leveled against former Rep. Eric Swalwell, D-Calif., stood out for their lurid detail — and because the fallout was unusually swift.
Within hours after the San Francisco Chronicle dropped a story Friday that accused Swalwell of sexually assaulting a former staffer, over a dozen Democrats had pulled their endorsements of the then-frontrunner for governor of California. CNN followed that evening with a story labeling the former staffer’s accusations as rape and revealing that three additional women were accusing Swalwell of sexual misconduct. He suspended his campaign for governor Sunday, and on Monday, he announced his resignation from Congress. He was out Tuesday at 2 p.m. ET.
The outcry made sense, in part, because of the severity of the allegations: The ex-staffer said Swalwell left her vaginally bruised and bleeding; another woman alleged Tuesday that he had drugged her in order to rape her. But the fact that Swalwell, who has denied the allegations, did not remain in Congress while under investigation suggests that American politicians are sensitive to concerns over sexual abuse and misconduct — particularly as the midterms approach against the backdrop of the Epstein files, and Democrats position themselves as defenders of victims as they head into November.
“It’s hypocrisy if they don’t” speak out, said Nina Smith, a Democratic communications strategist and former senior adviser to former Georgia gubernatorial candidate Stacy Abrams.
Smith said that the advocacy from Epstein’s survivors, as well as the people who’ve been speaking out online about Swalwell, helped force lawmakers to take a stand on this issue.
“It has created this watershed moment on the Democrats’ part to address this issue quickly,” she told The Intercept. “Both parties are recognizing that accountability is something that is at the forefront of a lot of voters’ minds.”
In a February poll from Reuters/Ipsos, 69 percent of respondents said the statement that the Epstein files “show that powerful people in the U.S are rarely held accountable for their actions” represented their views “very well” or “extremely well.”
Rep. Summer Lee, D-Pa., said that Democrats have to demonstrate “accountability” even when allegations come up against one of their own.
“The work and bravery of Epstein’s survivors helped expose just how deeply these systems are failing us.”
“Our job is to center the people who were harmed, to take allegations seriously, and to make sure there are real systems for justice,” Lee wrote in a statement to The Intercept. “The work and bravery of Epstein’s survivors helped further expose just how deeply these systems are failing us — all while protecting perpetrators with money, connections, or status. That legacy demands more from all of us right now.”
Still, it’s too soon for Democratic leadership “to be patting themselves on the back,” about Swalwell’s swift rebuke, said Michael Ceraso, a Democratic communications strategist who worked on Pete Buttigieg’s presidential campaign. He pointed to the level of detail and corroboration in the stories that CNN and the SF Chronicle published, arguing the careful reporting “made it fail-safe for political leaders to do the right thing.”
And that doesn’t excuse the people who had heard the rumors and continued to support Swalwell until the allegations were in a newspaper, Ceraso added. “I would call bullshit on people” within his proximity who are “claiming they didn’t know this,” he said.
There’s been heavy attention on Sen. Ruben Gallego, D-Ariz., who was long known to be a close friend of Swalwell’s. Gallego claimed Tuesday that Swalwell had “lied to” him — but admitted to hearing that his close friend and colleague was “flirty.”
“I definitely look at the world a different way now,” Gallego told reporters. “I certainly am going to make sure that I’m going to take, you know, personal steps and office steps to make sure that we don’t even get close to a gray line.”
Former San Francisco Mayor Willie Brown also alluded to other members of Congress being aware of Swalwell’s actions. “I’m not surprised frankly, because there have been rumors after rumors after rumors, his colleague in Washington pretty much said that. That’s what Adam Schiff said, that’s what Nancy Pelosi said,” Brown told ABC 7.
The Democrats, Lee added, cannot ask voters to trust them on this issue if they fail to hold their members accountable when they engage in abusive behaviors.
“Accountability has to mean something, even when it is uncomfortable, even when it is one of your own, and even when power is involved,” she wrote. “No one and no party should ask for the public’s trust if it is unwilling to hold itself to the same standard.”
The Intercept has not independently verified the allegations against Swalwell. In a statement posted Tuesday, Sara Azari, a criminal defense attorney representing Swalwell, wrote that the former congressman “categorically and unequivocally denies each and every allegation of sexual misconduct and assault that has been leveled against him,” calling the accusations “a ruthless and shameless attempt to smear Congressman Swalwell.”
The Intercept reached out to Swalwell’s communications staff for comment; a reporter for The Hill wrote Tuesday that the relevant staff members no longer work for him. Azari did not immediately respond to The Intercept’s request for comment.
Smith, who spoke out in 2018 about being sexually harassed and assaulted while working in the Maryland state legislature, said she believes that these abuses will continue to happen wherever disparities in power exist. But she was heartened to see how quickly Democrats called out Swalwell, which she said means that survivors have moved the needle on this issue.
“Survivors have been the most powerful piece of holding elected officials and officials accountable. … They are the ones who have continued to fight in a way that has made all of this possible,” said Smith. “Ten years ago, we really just talked about this behind closed doors.”
