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Solicitor Eric Swalwell is facing calls to stand down after assault claims

Controversy over allegations of sexual misconduct in Rep. Eric Swalwell grew on Saturday as his fellow gubernatorial candidates faced a new race and Democrats were forced to quickly examine how they responded to allegations of sexual misconduct.

Within hours of the allegations against Swalwell being made public, the Northern California congressman’s campaign began to heat up and a chorus of top Democrats called for his resignation. Employees resigned, his fundraising website went offline and his allies quickly distanced themselves from the man who had been gaining momentum in the race to lead the Golden State.

The results extended beyond Swalwell’s gubernatorial campaign. The Manhattan district attorney’s office opened an investigation into allegations of sexual harassment against Swalwell by a former employee and issued a statement Saturday urging “survivors and anyone with information about these allegations to contact our Special Victims Unit.” Rep. Anna Paulina Luna (R-Fla.) posted a video to X saying she plans to force a House vote next week to fire Swalwell.

Swalwell dismissed the allegations, saying they were “flat out”. [out] lie.”

The chaos has created an opportunity for lesser-known contenders to gain power just as voters are beginning to pay attention to a race — one that has now become increasingly contentious.

The swiftness and intensity of the response underscores how quickly political support can evaporate — and reflects a broader shift in the way these allegations are handled in the post-#MeToo era, fueled by the scrutiny surrounding the late financier and sex offender Jeffrey Epstein.

“Ask any working woman over the age of 45 what her situation was, and this was the most common situation,” said Elizabeth Ashford, a veteran Democrat. “It’s allowed. I think it shows a lot of growth on the political side, that these things are taken seriously.”

As of Saturday afternoon, Swalwell has ignored calls to drop out of the race and resign from Congress, as anger and criticism mounted. Bay Area fundraisers were canceled and major institutional supporters abandoned the campaign. The California Labor Federation withdrew its endorsement, SEIU California withdrew its support and urged Swalwell to drop out of the race, and the California Police Chiefs Assn. stopped its support.

There was speculation on Saturday about Swalwell’s whereabouts after the congressman announced he intended to spend time with his wife.

The man who answered the door of Swalwell’s apartment in Livermore early Saturday refused to speak to a Times reporter. Swalwell said he rents a one-story house in a quiet neighborhood. He also has a home in Washington, DC, but no one inside answered when a reporter called on Saturday.

The citizens of Livermore could not escape the news of this scandal. “Swalwell faces assault charges,” read the front page of the East Bay Times, attached to the Lucky’s grocery story around the corner from Swalwell’s rental home.

The most serious allegations against Swalwell come from a woman who worked for the congressman who said their relationship was sometimes consensual, but that he sexually assaulted her twice when she was too drunk to consent, according to the San Francisco Chronicle. Three other women also accused Swalwell of sexual misconduct, including sending unsolicited nude photos, according to CNN.

These allegations caused many members of his campaign to leave their jobs suddenly. One of the campaigning senior staff said they resigned after hearing the seriousness of the allegations, adding that they did not want to be put in a position where they used their loyalty to protect Swalwell.

Former staff at the congressional office in Swalwell traded party messages after the news reports, with many expressing shock and horror at the allegations, according to two former staff.

A group of senior staff in the congressman’s office and Swalwell’s campaign said in a statement Saturday that they “stand with my former colleague and the other women who have come forward” and that others “should stand with them, too.”

Kyle Alagood, an attorney who worked for Swalwell’s congressional office and his interim presidential campaign, told The Times he was “disgusted and outraged.”

“I pray that he has the dignity to resign for the sake of his wife and children,” Alagood said, adding that Swalwell must “face the full legal consequences of his actions.”

Rob Stutzman, a longtime GOP strategist, said the impact of Swalwell’s political advisers leaving and the adoption of his recommendations hurt him in the gubernatorial race whether he stays or not.

Stutzman advised former Governor Arnold Schwarzenegger during the recall in 2003 when the Times reported allegations of inappropriate behavior with women during the bodybuilding and film. Stutzman said the severity of the allegations against Swalwell made the situation very different from that of Schwarzenegger, who did not lose his endorsement.

“If these were the circumstances … I would have quit,” Stutzman said. “They’re just not the same.”

Although Swalwell’s political future is still up in the air, political insiders are looking closely at who will benefit from the chaos. There are eight Democrats running: billionaire Tom Steyer, former Orange County Rep. Katie Porter, public schools Supt. Tony Thurmond, former US Health and Human Services Secretary Xavier Becerra, San José Mayor Matt Mahan, former Los Angeles Mayor Antonio Villaraigosa, former state Comptroller Betty Yee and Swalwell. There are two GOP candidates: Steve Hilton, a former Fox News commentator, and Riverside County Sheriff Chad Bianco.

Law professor at Loyola Marymount University, Jessica Levinson, said that with key mandates, such as labor, now guaranteed to participate, anyone can jump to the front of the pack. He said the safe bet for who will get the benefit is Porter and Steyer, who along with Swalwell have been the frontrunners in recent opinion polls.

“But, I think this is a race where there is no heir,” Levinson said. “You won’t be able to pull off any more surprises in this race.”

Paul Mitchell, a veteran Democratic strategist, agreed that the turmoil was beneficial to Porter and Steyer, adding that Swalwell’s chances had been reduced to zero.

“First of all, I think staying in the race is untenable,” Mitchell said. “And if he leaves the race, that means he will have a lot of progressive voters looking for someone else to go to and the beneficiaries should be Porter and Steyer right now, because they are the other two in that first type of Democratic Alliance voters that were dividing that progressive base.

Allegations of Swalwell’s inappropriate behavior have been circulating for weeks on social media and in political circles. When the San Francisco Chronicle and CNN ran stories detailing women who accused Swalwell of sexual misconduct, including rape, the swift rebuke was likened by one political pundit to the detonation of a bomb.

That news source reported that the employee who accused Swalwell of rape was 21 years old when he started working for him in 2019 in his Castro Valley district office. She said Swalwell, who is in her early twenties, started texting her immediately and then posted nude photos on Snapchat, a platform where messages and photos disappear after being viewed.

He said that in September 2019 he had been drinking with the congressman, it was dark and it was seen that he had slept when he woke up naked in Swalwell’s hotel bed, according to the report. In one of her encounters years later, she said he forced himself on her when she was too drunk to consent despite her protests.

He said he did not report these incidents to the police, fearing they would not be believed and worried about the possible consequences at work.

Another woman who began messaging Swalwell about her interest in Democratic politics last year said she met him for drinks and that she was trying to avoid compensation without damaging her career prospects when she started feeling “really confused” and drunk, according to CNN. He told the newspaper that he ended up staying at Swalwell’s hotel and could not remember how he got there.

Social media creator Ally Sammarco said Swalwell sent her unsolicited nude photos in 2021, when she was 24 years old. Another 20-year-old woman, who works in marketing, said the congressman sent her unsolicited videos of her staff.

Swalwell, who is married with three young children, posted a video on Instagram on Friday in which he called the alleged misconduct “flat. [out] lies,” while admitting unspecified misconduct.

“I’m not suggesting in any way that I’m perfect or a saint,” he said in the video. “Of course I have made mistakes in my judgment in the past. But those mistakes are between me and my wife. And to her I am very sorry for putting her in this situation.”

Elias Dabaie, an attorney representing Swalwell, has sent cease-and-desist letters to at least two people demanding they stop accusing the congressman of sexual harassment, according to CNN. Dabaie was asked by CNN if the congressman’s comments could be interpreted as an admission that he had cheated on his wife, denying that he did anything illegal.

“I will not go into the details of that,” said Dabaie.

Times staff writers Melody Peterson and Gavin Quinton contributed to this report.

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