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Which House Members Could Face Expulsion?

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Upwards of four lawmakers are being asked to resign or risk expulsion from the House of Representatives — including Rep. Eric Swalwell (D-CA), who’s facing multiple sexual misconduct allegations and a House Ethics Committee probe, among other investigations.

In addition, Reps. Tony Gonzales (R-TX), Sheila Cherfilus-McCormick (D-FL), and Cory Mills (R-FL) are facing scrutiny over various controversies of their own.

“Congress should not tolerate representatives who abuse staff, betray public trust for personal gain, and generally violate their oath of office,” Rep. Nydia Velázquez (D-NY) posted to X on Monday morning. “Reps. Swalwell, Gonzales, Cherfilus-McCormick, and Mills should resign. If they refuse, they should be expelled. Americans deserve better and Congress must hold our members accountable.”

Swalwell and Gonzales seem to be facing the most calls for expulsion, however, with Rep. Anna Paulina Luna (R-FL) posting over the weekend that she’s exploring the possibility. Expulsion requires a two-thirds vote in the chamber in order to be successful, and only six individuals have been removed in history.

“I will be inquiring in the morning with the house parliamentarian to see if I can pair my motion to expel Eric Swalwell with Rep Tony Gonzalez. Both NEED to go,” the Florida Republican wrote on Sunday.

On Sunday night, she doubled down after Swalwell said that he was suspending his campaign to become California’s next governor, but stopped short of announcing his resignation from Congress.

“You broke House rules and are a predator. You have 24 hours to announce you are resigning. Both you and Tony are a disgrace,” Luna replied.

Multiple women have alleged sexual misconduct against Swalwell, and Manhattan District Attorney Alvin Bragg is now looking into the allegations, as one reported assault occurred in New York City, according to NBC New York.

As for the ethics probe, the committee said in a statement on Monday afternoon that they will be examining whether he “violated the Code of Official Conduct or any law, rule, regulation, or other applicable standard of conduct in the performance of his duties or the discharge of his responsibilities, with respect to allegations that he may have engaged in sexual misconduct, including towards an employee working under his supervision.”

There seems to be a degree of bipartisan traction for the removals of both Swalwell and Gonzales, who had an affair with a staffer who later committed suicide.

“And Congressman Gonzales. I would,” Rep. Pramila Jayapal (D-WA) told “Meet the Press” on Sunday when asked if she would vote to remove Swalwell.

“I’ve already said that I think that these things, these charges and allegations and the pattern of abuse and in Congressman Gonzales’ case he actually admitted to the affair with the- or to the, you know, harassment with his staffer. This is also important for staffers across the Capitol to see that their bosses don’t get to do this to them,” she added.

However, not everybody is convinced that expulsion is the best route, especially for Gonzales and Mills.

“Democrats are attempting to lump together Gonzales and Mills in their censure push because their own member, Sheila Cherfilus-McCormick, is almost certain to face expulsion in the coming weeks,” a GOP aide granted anonymity in order to speak freely told The Daily Wire in a statement. “They are content throwing Swalwell to the wolves if it means they can drag Republicans through the mud with him.”

Speaker Mike Johnson has previously cautioned against expulsion as an action taken against members, including when former Rep. George Santos (R-NY) was expelled in 2023 prior to his fraud conviction. Santos’ sentence was later commuted by President Donald Trump.

“Yeah, we couldn’t block it. It was a privileged resolution, which means it gets to come to the floor within two days of filing. And it was a regrettable day,” Johnson said at the time. “You know, prior to yesterday, only five people had ever been expelled from Congress. Three were Confederates, two were convicted of federal charges. And George Santos has not been convicted in a court. You know, our party believes in the rule of law and due process, and we’re deeply concerned about preserving those things. And, you know, maybe he will be convicted by a jury of his peers, but that hasn’t happened yet. And that’s why we had reservations about it.”

Mills is currently under a House Ethics Committee investigation for a range of allegations from “sexual misconduct and/or dating violence” to allegedly not following “campaign finance laws and regulations in connection with his 2022 and 2024 election campaigns.”

Meanwhile, Cherfilus-McCormick is facing criminal charges for allegedly stealing $5 million in FEMA funds for her congressional campaign, and she was recently found guilty on allegations made at the House Ethics Committee level, Axios reported last month.

The chamber currently holds a narrow 217-214 Republican majority, which will expand to 218-214 once Republican Clay Fuller (R-GA) is sworn in.



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