Swalwell Scandal (Part 1): CA Gov Candidate Now Under Criminal Investigation for Rape

Summary

Podcast Summary: "Swalwell Scandal (Part 1): CA Gov Candidate Now Under Criminal Investigation for Rape"

Podcast: Amy Robach & T.J. Holmes Present
Host: iHeartPodcasts
Episode Date: April 12, 2026

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Episode Overview

This episode centers on the fast-developing scandal involving Congressman Eric Swalwell, a leading candidate for governor of California, who is now under criminal investigation for the alleged rape of a former staff member. Hosts Amy Robach and T.J. Holmes break down what is known, the political and legal ramifications, the response from his staff and political allies, and what may come next as Congress returns from break. The episode is delivered in a candid, conversational tone, emphasizing the gravity and rapid escalation of the situation.

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Key Discussion Points & Insights

1. Breaking News: Eric Swalwell Under Criminal Investigation

• [02:58] T.J. Holmes introduces the central story: Swalwell faces rape allegations stemming from an incident in Manhattan in 2024. The Manhattan District Attorney is now investigating and inviting others to come forward.
• Amy Robach contextualizes: What began as a political nightmare for Swalwell has become a potential criminal crisis.

2. Details of the Allegation

• [04:58]–[08:42]
  • The alleged incident took place in a Manhattan hotel room; the accuser, a former staffer, spoke first to the San Francisco Chronicle, then to CNN.
  • The staffer claims she was raped, providing a vivid account even as she says parts of the night are missing from her memory. She remembers "Swalwell was on top of her, wouldn't get off, and she told him no." – Amy Robach [08:06–08:42]
  • The accuser told family and friends about the assault immediately after the incident and has provided medical records (STD and pregnancy test, documentation of bruising and bleeding).

3. Response from Swalwell & His Attorney

• [05:21–05:53]
  • Swalwell has largely remained silent except for a brief comment that he was spending the weekend with friends and family.
  • His attorney told reporters Swalwell is "busy running a gubernatorial campaign," a response criticized for being tone-deaf. “He didn’t brush up against somebody at a bar. He's being accused of a violent assault.” – T.J. Holmes [05:54]

4. The Manhattan DA’s Unusual Statement

• [04:02–04:32]
  • The DA's office publicly urged "survivors and anyone with knowledge" to contact them and emphasized a survivor-centered response, leading both hosts to speculate they may know more than what’s been publicly released.

5. The Public and Political Fallout

• [09:51–14:27]
  • With the gubernatorial election a month away, politicians are distancing themselves rapidly.
  • Senior staff from both his congressional office and gubernatorial campaign released a striking statement announcing they "stand with [their] former colleague" and specifically clarified that any staff remaining with Swalwell are doing so only out of necessity, not loyalty:
    • "The behavior detailed in these reports is abhorrent, beneath the dignity of those serving in public office, and betrays the trust of all Californians... Any decision of staff members to remain in their roles... should not be viewed as support for Eric Swalwell." – Staff Statement [10:32]
  • The hosts note the rarity of this kind of staff denouncement, calling the statement “well done,” and “perfectly said” – T.J. Holmes [11:53].

6. Broader Media Coverage and Social Media

• [06:06–06:38]
  • There’s considerable "noise" online, with videos and audio tapes circulating (none authenticated).
  • Some reports dwell on past rumors (womanizing, marital infidelity) but the hosts repeatedly stress the gravity of a rape allegation as distinct from “smarmy” or “playboy” behavior.

7. The Legal and Historical Significance of Expulsion

• [18:13–22:48]
  • As Congress returns from its break, moves are underway to expel Swalwell. Republican Rep. Anna Paulina Luna intends to file such a motion.
  • The rarity of congressional expulsions is discussed; only six House members and one Senator have ever been expelled.
  • The hosts reflect on the risk of “overturning the will of the voters” and the political caution this provokes.
  • They mention the natural temptation for “balancing” expulsions by party, raising the prospect this could become a partisan fight rather than a moral stand.

8. The Human Element and Future Conversations

• [23:01–24:50]
  • The hosts discuss the personal ramifications for Swalwell and those around him—his family, staff, and community—and the unseen toll.
  • They conclude this episode by promising a follow-up focused on the challenging conversations this triggers in society around consent, “he said, she said” cases, and the evolving legal response.

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Notable Quotes & Memorable Moments

• On seriousness of allegation:

  • “He didn’t brush up against somebody at a bar. He's being accused of a violent assault.” – T.J. Holmes [05:54]
  • “This is an allegation of rape. And that distinction needs to continually be made here.” – T.J. Holmes [07:59]

• On evidence and external corroboration:

  • "She told people and she specifically named her accuser. She also gave these news outlets medical records detailing her getting an STD test, a pregnancy test, and…claimed she had bruises and she was bleeding." – Amy Robach [08:42]

• On staff’s remarkable public statement:

  • “We stand with our former colleague and the other women who have come forward. We believe you should stand with them, too…Any decision of staff members to remain in their roles... should not be viewed as support for Eric Swalwell... Our responsibility now is to them [the staff]. We, more than he, understand that we have obligations to the people we lead…” – Staff Statement [10:32]
  • "I applaud…and would like to hire whoever wrote that statement. It was perfectly said." – T.J. Holmes [11:53]

• On political reactions:

  • “I haven't even heard a measured response…just a hey, let’s give it some time…nothing. It’s all ‘bye bye, bye, bye.’” – T.J. Holmes [14:00]

• On expulsion and congressional response:

  • "To actually expel a lawmaker from Congress, that is as serious as it gets…Only six members of the U.S. House…have ever been expelled in U.S. history." – Amy Robach [19:47, 20:18]
  • “You don't want to overturn the will of the voters. They put this guy in. This is their guy. If they got a problem with them, let them vote him out.” – T.J. Holmes [19:59]

• On the human dimension:

  • “Imagine him as a husband, a father, a son-in-law…those have become suddenly way more important…than any political career he thought he had.” – Amy Robach [23:29]

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Timestamps: Important Segments

| Timestamp | Topic | |-----------|-------| | 02:58 | Breaking news about Swalwell and DA investigation | | 04:02 | Reading DA's public message and hosts’ reactions | | 04:58 | Details from the accuser and why NY has jurisdiction | | 05:21 | Swalwell’s (and his attorney’s) weekend response | | 06:06 | Rumors, unauthenticated evidence, and social media noise | | 07:59 | The legal and social distinction between assault and rape | | 08:42 | The accuser’s immediate aftermath, evidence, and corroboration | | 10:32 | Staff public statement rebuking Swalwell | | 11:53 | Hosts react to the staffer statement | | 14:00 | Political allies’ mass exodus and lack of caution in responses | | 18:13 | Efforts to expel Swalwell from Congress begin | | 20:18 | Historical rarity of expulsions, comparison to past cases | | 23:01 | Human impact, family, and staff consequences | | 24:50 | Closing teaser: Next episode will cover deeper issues of consent and legal ramifications |

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Final Notes

• The episode ends on the cliffhanger of what may unfold when Congress reconvenes, with potential for both criminal charges and expulsion for Swalwell.
• The hosts emphasize the weight of the matter, both for governance and for the social discussion of consent and responding to “he said, she said” cases in the #MeToo era.
• The next episode promises to address societal and legal shifts around sexual assault allegations.

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For those who haven’t listened:
This episode blends urgent, straightforward news delivery with empathetic commentary, providing both the facts as they emerge and critical reflections on what they mean for victims, politicians, institutions, and the wider public.

Transcript

[Amy Robach]

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[T.J. Holmes]

It is Sunday, April 12th, and a huge political story is now becoming possibly a criminal one. Congressman Eric Swalwell, one of the leading candidates for governor of California facing allegations of rape and now a district attorney is asking possibly for more victims to come forward. And with that, welcome to this episode of Amy and TJ Robes. There is now a criminal investigation into an allegation we are just hearing about of the sexual assault and rape of a former staff member. Ropes. Not just looking into that matter, but looking into possible other matters.

[Amy Robach]

Yes, this has become, it was at least in the beginning, a political nightmare for Eric Swalwell, but this could now become, yes, a question of whether or not he becomes criminally charged in this matter and as you point out, potentially other possible incidents. And so, yes.

[T.J. Holmes]

Is that this something they put out? I was surprised to see? Do they know something we don't or is this just standard fare?

[Amy Robach]

I don't know if this is standard, but it definitely, definitely stood out to a lot of folks. So we can actually read for you exactly what the Manhattan district Attorney's office put out. They put this out on Saturday and they urged survivors and anyone with knowledge of these allegations to contact our Special Victims Division gave the number there. Our specially trained prosecutors, investigators and counselors are well equipped to help you in a trauma informed, survivor centered manner.

[T.J. Holmes]

Wow.

[Amy Robach]

That I have not. Look, this, you point out, might be standard operating procedure, but this seems like they know something that.

[T.J. Holmes]

Well, there it is. That was a suggestion there. That. And maybe, I don't know, maybe that's just the standard language they use. But again, we're talking about a, a congressman from the Bay Area who is running for governor of California. So reminder robes. Why the hell is Manhattan looking into the guy? Because this is where this incident allegedly took place.

[Amy Robach]

Yes, the former staffer who basically set this story in motion by speaking first to the San Francisco Chronicle and then to cnn, she has said that she was raped by Eric Swalwell in a Manhattan hotel room in 2024 and that is why charges are being considered against the congressman in New York.

[T.J. Holmes]

And he's been quiet so far this weekend. He told us what on Friday when the video and all this came out, he was going to spend time with friends and family over the weekend. So we're standing by and waiting. I guess. I guess what everybody's waiting for is for him to say he's getting out of the race.

[Amy Robach]

Yes. But when reporters pressed his attorney on this, his attorney said he's busy running a gubernatorial campaign. That was their response, at least as official as it gets because that is what his attorney said.

[T.J. Holmes]

Yeah. Did he have a rally this weekend?

[Amy Robach]

Probably wasn't the right tone, given everything that's going on.

[T.J. Holmes]

It's not that. Too dismissive about the seriousness of what we're talking about.

[Amy Robach]

Busy running a campaign.

[T.J. Holmes]

He didn't brush up against somebody at a bar. He's being accused of a violent assault. That's not. And he's too busy with. Just remind me of. No, I shouldn't use that comparison. But that. Come on, man, that tone is not. Not right.

[Amy Robach]

It's not right. It certainly isn't. And look, the. These stories are mounting and. And look, perhaps the Manhattan DA knows something. There are videos circulating. There are audio tapes being circulated. None of them have been authenticated. But certainly there. It's bubbling right. There are people who have things, who've seen things, who've recorded things, and they're now starting to be put out on social media unverified. But certainly there's enough other. Just noise that's percolating now.

[T.J. Holmes]

Some of that noise, we need to be clear here. Some of this other noise we're talking about is not criminal noise. This is stuff about bad behavior and a boy behaving badly, if you will, unfortunately use that sometime. Boys behaving badly. But some of the stuff that's out there is just trying to show him as being a.

[Amy Robach]

A womanizer who cheats on his wife.

[T.J. Holmes]

And what's the way you use a schmurt? Oh, what's that word?

[Amy Robach]

Well, he's smarmy.

[T.J. Holmes]

Smarmy.

[Amy Robach]

That's army. Yes, that. That's just sleazy smarmy stuff is what's being circulated.

[T.J. Holmes]

That's what they're trying to highlight there. At least Bud Robe there is a separator. And all the stuff we have been talking about with him, and that is this young woman who worked on his staff back in 20, starting in 2019 robes. Her allegations are something else. This isn't just a little. A playboy who likes to drink and likes to cheat on his wife and run around. Find young. No, no, no, no. We are. He is. She is describing. And we discussed this robes in writing and putting in headlines. And we worked in the industry a long time and sometimes they like to put sexual assault in the headlines. Sometimes the, uh, even we've been in television news and big networks, big shows don't like the word rape. Like to use sexual assault. Rome there is. It's significant to make the damn distinction because rape is a very specific suggestion and allegation that goes beyond you can grab somebody's butt and call that a sexual assault. This is an allegation of rape. And that distinction needs to continually be made here.

[Amy Robach]

Yes. Because this former staffer describes nothing short of rape when she talks about that night. Now, she says she doesn't remember most of the night. And the way she put it to cnn, she says she remembers flashes where Swalwell was on top of her and wouldn't get off. She says she remembers trying to push him off. She remembers telling him no. And he continued. So that is a rape as she describes it.

[T.J. Holmes]

But she isn't she describing. She says she doesn't remember everything, but she says she remembers enough. And the stuff she's recalling. Right. Isn't she specifically saying, I remember saying no.

[Amy Robach]

Yes.

[T.J. Holmes]

I remember trying to bite this guy off. Me.

[Amy Robach]

And the other points around this specific incident that this former staffer describes, and CNN corroborated this, as did the San Francisco Chronicle, but they said two family members and a friend. So three people said that. That this woman told them about the alleged assault within the days surrounding it. And they also said that they have a text message where she sent to two friends, I was sexually assaulted on Thursday by Eric. So at the time the alleged incident occurred, she told people and she specifically named her accuser. She also gave these news outlets medical records detailing her getting an STD test, a pregnancy test, and she claimed she had bruises and she was bleeding. So she describes a fairly violent assault.

[T.J. Holmes]

Yeah. And what it was 20, 24. Statute of limitations is not an issue right now. Right. So they could go. So. Yes, we're talking about a guy who was, what, a month away for finding out possibly if he is going to be. Yeah. They're going to start voting in about a month out in California.

[Amy Robach]

Right.

[Jana Kramer]

Yeah.

[T.J. Holmes]

And then the election is June 2, and then he possibly was on his way to becoming the next governor of California. He's rose. We're talking about a. He might get charged, criminally charged with something. Now this is a stunning look. We talk about downfalls and all this stuff and politics and ropes from that to that in a matter of 72 hours. This all happened on Friday.

[Amy Robach]

It's remarkable. Also stunning in all of this was the joint statement that members of his own staff, the senior staff members, came together from his congressional office and from his gubernatorial campaign, and they released a. A statement that, frankly, is telling and I don't know how else to put it. We can read it for you in its entirety. Just take a listen. As leaders of teams working for Eric Swalwell, we're horrified by the recent reporting in the San Francisco Chronicle and by cnn. We stand with our former colleague and the other women who have come forward. We believe you should stand with them, too. The behavior detailed in these reports is abhorrent beneath the dignity of those serving in public office and betrays the trust of all Californians. We also understand that we lead teams who need guidance and stability. Now more than ever, we are focused on supporting our colleagues during this challenging time. Any decision of staff members to remain in their roles in the interim should not be viewed as support for Eric Swalwell. Well, we recognize that not everyone, in particular our junior staff, can immediately forfeit their income and benefits without significant personal risk or consequence. Our responsibility now is to them. We, more than he, understand that we have obligations to the people we lead and to the constituents of California's 14th congressional district. Those of us that remain on staff do so for the sole purpose of ensuring that as many of those obligations are fulfilled as possible. Ouch.

[T.J. Holmes]

No, I would. I applaud. And I would like to hire whoever wrote that statement. It was perfectly said. They are actually. And I'm sure they're not necessarily working with him that much. He's out in California. Maybe they're back in D.C. who knows how this is going down? But they're saying to their constituents, you're our constituents, even though the guy you voted for might have let you down, we're actually in this office working for you. I think that was the perfect way to say it. I think I'm not even upset with them. For in the midst of all this madness, and what's most important was a possible criminal charge, that, yeah, there's a reality here, and we have jobs.

[Amy Robach]

Yeah. And I hadn't thought about all the people who spent tireless hours working for him. And this is their livelihood, this is their income. Now all of that not only is at risk and in jeopardy, but also their reputations of just being associated with him and so they're basically making a very clear separation from him and saying just because we work in his office doesn't mean we support him.

[T.J. Holmes]

That was well done. I thought this was really well done. And you know what, it's maybe reassuring to the people in that district as well. He's not currently where you could even argue. He hasn't been focused on the district because he's trying to become governor of California. Okay. I loved how they put all of this. We are actually working for the district. We have a responsibility. We got you.

[Amy Robach]

That makes a lot of sense. And you look, they have seen where everything is. You said in 72 hours. That really is stunning. Thinking about this was just two days ago, but pretty much damn. Well, every single person in politics has not only distanced themselves from him, but calling for him to obviously end his gubernatorial campaign, which he doesn't show any signs of doing, by the way. And look, we didn't even reference, of course on Friday, we should point out very specifically he did a video to camera and completely, completely rejected and denied all of these allegations, saying these allegations of sexual assault are flat false. They're absolutely false. They did not happen. They have never happened. And I will fight them with everything that I have.

[T.J. Holmes]

And we ain't heard from them since though, because a lot more has come out. A lot more detail has come out. And robes. There is not a. You say that. You said he's losing support ropes. I haven't even heard a measured response or statement from somebody just saying, give it a beat. Let's investigate. It's all get out now. We want nothing to do with you. I haven't even heard just a hey, let's give it some time. We need to look into this.

[Amy Robach]

And nope, not you know what, that's so telling. Usually there's someone who says let's wait for police to do their job for the investigation to go forward before we make any rushes to judgment. No one is even asking folks for time or caution or just little perspective. Nothing. It's all bye bye, bye, bye. And it's not just about his race for governor. No, no, no. When we come back, we will tell you about what may happen to his congressional position.

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[Amy Robach]

Welcome back, everyone, to this episode of Amy and tj. Yes, we have been talking about for days now the political fallout for California Congressman Eric Swalwell, who has is the leading Democratic candidate for governor of California. That election begins, or at least voting begins in less than a month. Now, of course, growing calls for him to drop out of the gubernatorial race. But there is a criminal investigation now, the Manhattan district attorney's office launching that investigation into that claim of rape. A young woman says a former staffer of his says it happened in a New York City hotel room in 2024. And so as we're hearing for folks to say drop out of the race, he is also a US Congressman and Congress has been on spring break, Easter break for the last two weeks. They reconvene on Monday. Correct. And we already have at least one congresswoman. Her name is Anna Paulina Luna. She's from Florida. She is a Republican and she put out on X over the weekend. As soon as she gets back, the first thing she's going to do is file a motion to expel Swalwell from Congress.

[Bowen Yang]

Okay.

[T.J. Holmes]

We'll see how far this goes at some point. Right now it's fresh on everybody's mind. It's horrific in the headlines. People are talking about it. So frankly, other politicians want to make sure with those headlines they get separated from this guy. Understood. They are really hesitant to kick out one of their own in Congress.

[Amy Robach]

I know we initially heard some folks are going to bring censure. There are different ways to punish lawmakers. But yes, to actually expel a lawmaker from Congress that is as serious as it gets.

[T.J. Holmes]

And I know in the I can't remember the last one. And in the history it's got to be single digits. It's got to be on one hand the number of times times this has happened and robes, I kind of, I really do understand that because you don't want to overturn the will of the voters. They put this guy in. This is their guy. If they got a problem with them, let them vote him out. We shouldn't do it on their behalf.

[Amy Robach]

All right. Well, according to the Internet, six members. Only six members of the U.S. house of Representatives and one senator have ever been expelled in U.S. history. The most recent was. I forgot about this. George Santos from New York in 2023 for fraud and campaign finance.

[T.J. Holmes]

It was that recent?

[Amy Robach]

Yes. And then James Trafficant from Ohio, Democrat in 2002 for corruption. Michael Myers. Wow, that's a name. A Democrat in Pennsylvania in 1980 for bribery.

[T.J. Holmes]

Okay. Were these after post convictions that I'm not sure. Traffic can't for whatever reason, I think was corruption.

[Amy Robach]

Yeah. Fraud and campaign finance.

[T.J. Holmes]

It's rare because what happens then Robes is like, oops, are they come after me for any little thing I do? You don't want to do that. And Robes, how many members of Congress do we know of right now are

[Amy Robach]

facing something pretty serious or have done something similar? Let's just be honest.

[T.J. Holmes]

But we got a handful. We talk about the numbers in Congress. Okay, let's play this. What did they do last time? Redistricting. Texas wants to do it now. California do it now. Another state trying to balance it out. Okay, you want to kick out one of our Democrats. You know what? There's a poorly behaving Republican over here. So now you're going to start messing with the numbers to kick each other out to balance your numbers. Robes, that's going to be a tough hill to climb. But it's also going to be difficult right now to be in Congress in a midterm election year and said, yeah, a guy accused of rape and I voted to keep him in Congress.

[Amy Robach]

Yeah, you can't sit on the sidelines and you don't want to be on the wrong side of things. That is certainly true, babe. I had not even thought about that. Of course, the balance of the House is more important than any one congressman and any one young former staffer who claims she was raped. Raped by him. That's just the truth of the matter, sad as it is.

[T.J. Holmes]

What was the President talking about not long ago? One guy was. Was a member of Congress, was really, really ill and he was given this horrible diagnosis and they thought he might die. And the President stepped in. We don't need him to die because I need his vote. You remember that?

[Amy Robach]

That was recent. That was in the last few weeks. Yes.

[T.J. Holmes]

So that's what I'm saying. Robes. It's not so sure they're going to kick one of the people out.

[Amy Robach]

By the way, when we were talking about just. Well, and to your point, about how important the balance of Congress is and why. For that reason alone, probably we don't see expulsions of congressmen and women. Do you know, for the, I said there were six. You had to go back to 1861 for the other three members because they were expelled for supporting the Confederacy. Okay. That's how I just for perspective, that

[T.J. Holmes]

rises to the level.

[Amy Robach]

That is where we are and that's how high of a bar sometimes things have to be said and how far we had to go back to see a single digit number of congressmen and women face expulsion.

[T.J. Holmes]

But we wait, we wait to hear from him when we're going to hear it. He is not just running a campaign at all right now. He's finding a defense attorney right now. He is managing his family, the immediate one in the house. But he is managing in laws, he's managing grandparents, he's managing aunts and uncles and everybody else. He's managing his kids, school, teachers. All of these people are impacted now by what's going on. He is not running for California governor right now.

[Amy Robach]

You know, you, you, you don't think about, it's so interesting you put that because you think about him being political and him thinking about his business and, and imagine him as a husband, a father, a son in law. All of those things are happening and those I'm sure, have become suddenly way more important and than any political career he thought he had. That is, there's a human element to this that you know is going on behind the scenes. But obviously this story is far, far from over. Congress back in session tomorrow. That will be a telling time. Will he even be in D.C. at that point? Will he even come back? You looking at me like hell no.

[T.J. Holmes]

How is he going to show his face right now in the halls of Congress? You can't do that. He's, he's going to be sitting at a table alone in the lunchroom. I mean, what is he supposed to do if he comes back? He's got other things to handle right now. And robes, in the midst of all this and this conversation we're having is always robes, that he said, she said these about the balance of power, about men behaving badly and about alcohol. Robes, there's a different conversation. And we know as you're listening here, there's a conversation you're probably having at home or maybe with your friends, with your girlfriends in particular, and maybe some people are having with their daughters. Robes, that's a very difficult conversation that you and I were very much interested in getting into.

[Amy Robach]

Yes. And so please, as we wrap up this episode. Look for our next one because we are going to be talking about this issue of he said, she said and how we feel about it, how the law may be changing around it and yes, what we're telling our daughters. So look for that. But in the meantime, thank you for listening to us. We always appreciate you. I'm Amy Robach alongside T.J. holmes. We will will talk to you very soon.

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