House Scandals Show How Hard It Is to Get Accountability on Capitol Hill

The departures of Reps. Tony Gonzales and Eric Swalwell have highlighted a persistent accountability problem on Capitol Hill, where the power dynamics between members and their staff make misconduct uniquely difficult to report, investigate and punish, several members of Congress told NOTUS.

Congress has long struggled to reform its own internal processes with how to deal with staffing misconduct — and lawmakers are beginning to grapple with the idea there could be a bigger pattern to address on Capitol Hill.

“Do we really think it’s only the second time?” Rep. Debbie Wasserman Schultz told NOTUS when asked about Swalwell’s allegations on top of those against Gonzales last month. “I mean, come on.”

She added: “They think they’re entitled to do anything they want to with anyone, and there needs to be an investigation structure related to inappropriate conduct with staff for members, so that we figure out how to investigate these things quickly, give the member due process.”

Gonzales’ resignation announcement came about an hour after Swalwell said he would step down, preventing their imminent expulsion that members from each party had indicated they would widely support. The rare bipartisan push to remove the Texas Republican and California Democrat was treated as a sign of accountability, with the lower chamber expelling only six members in its history.

Democratic Sen. Ruben Gallego, who spoke with reporters Tuesday to tamp down questions about his close relationship with Swalwell and what he knew about his behavior, pointed to the congressional “environment” that fosters misconduct, suggesting it’s a pattern.

“There’s an environment here that needs to improve,” Gallego, a former House member, said. “And that is about members of Congress hanging out with their staff, you know? And I think that creates a problem.”

He added: “I do think, you know, that Washington, D.C., has to have a bigger conversation about how to continue to change the culture, because clearly we did not change it after #MeToo.”

House rules prohibit members from engaging in sexual relationships with their staff. Gonzales admitted to the affair and Swalwell vehemently denies the allegations against him.

As a result of reporting in the San Antonio Express-News, the House Ethics Committee announced it would open a formal investigation into Gonzales when published text messages revealed an affair between him and a former staffer, who later died by suicide.

On Friday, CNN and the San Francisco Chronicle reported that Swalwell had also engaged in an inappropriate relationship with a staffer. NOTUS also confirmed the allegation.

“What those two did was very concerning. Extremely concerning,” Rep. Lisa McClain said when asked about the pattern on Capitol Hill. “I’m very glad that both of them resigned.”

But both probes will end now with the resignations, meaning there won’t be any conclusion to the investigations. The House Ethics Committee has long been seen within the halls of Congress as a tedious, unpopular assignment where the proceedings usually unfold entirely behind closed doors, often for months or even longer, with no guarantee of a public report by the members of the bipartisan committee.

Women in the Democratic caucus say they’re beginning to have conversations about what can be done to reform the process on Capitol Hill so that investigations are carried out more quickly in the House, multiple lawmakers told NOTUS, but discussions are in the early stages.

“Having sexual harassment, sexual relations of any kind, abuse, all of that is not permitted with our staff,” Rep. Pramila Jayapal told NOTUS. “That is a rule of the House, and I don’t think that we should have to wait for lengthy investigations in cases like that.”

Congress has attempted reforms previously. Before 2018, the federal government maintained what was referred to as a “sexual-harassment slush fund,” or a special Treasury Department account that paid out settlements on behalf of members of Congress accused of misconduct. But the #MeToo movement of the 2010s led to a change that now requires members to repay the cost of settlements covered by the account. Records of who used it still remain anonymous.

Republican Rep. Nancy Mace tried, and failed, to pass a resolution in March that would have forced the records to be public.

With Swalwell and Gonzales leaving Congress, lawmakers are now focusing on Democratic Rep. Sheila Cherfilus-McCormick, calling for her expulsion ahead of an Ethics Committee hearing next week over allegations that she illegally funneled money to her own campaign. After next week’s final hearing, Republicans have said they plan to move to boot her from Congress — and in response, Democrats will move against GOP Rep. Cory Mills, who is under an Ethics investigation for financial misconduct.

Expelling a member of Congress requires a two-thirds majority vote. While the investigation into Mills is still active, his GOP colleagues may vote to table.

“Sheila McCormick, we have your expulsion vote ready to be called up on the 21st. Either resign or be expelled. Those are your two options,” Rep. Anna Paulina Luna said on X. “So America is tracking: Sheila stole $5 million in FEMA funds.”

Cherfilus-McCormick told NOTUS in a statement that equating her allegations with those of Swalwell’s and Gonzales’ was “inaccurate and irresponsible.”

“The allegations I am addressing are not the same as those facing some of my colleagues. Lumping them together, particularly with cases involving sexual assault and rape, is inaccurate and irresponsible,” Cherfilus-McCormick said in a statement. “We must uphold due process. No one should be judged or punished before a formal finding. Expelling members without that standard sets a dangerous precedent.”

Some lawmakers have said they are ready to start calling out the behavior from their colleagues when it comes to potential misconduct with staff on Capitol Hill.

“We’re just sick of it,” Jayapal said. “It’s the culture here.”