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

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

Apr 12, 202619 min
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Episode description

The Manhattan DA’s office has opened a criminal investigation into the allegations made by Congressman Eric Swalwell’s former staff member who claims Swalwell raped her in a New York City hotel room in 2024. The young woman made several allegations against the leading Democratic candidate for California Governor that spanned several years along with 3 other women who made allegations of sexual harassment against Swalwell. Meantime, Swalwell’s senior staffers put out a joint statement distancing themselves from their boss, saying they stand with his accusers. 

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Transcript

Speaker 1

Hey, that folks. It is Sunday, April twelfth, 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.

Speaker 2

Robes.

Speaker 1

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 Robes not just looking into that matter, but looking into other matters.

Speaker 2

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.

Speaker 1

Is that there's something they put out? I was surprised to see. Do they know something we don't know? Is this just standard?

Speaker 2

Fair? And I don't know if this is standard, but it 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 Victim's Division, gave the number there. Our specially trained prosecutors, investigators and counselors are well equipped to help you in a trauma informed, survivor's centered manner.

Speaker 3

Wow, that I have not looked this.

Speaker 2

You point out might be standard operating procedure, but this seems.

Speaker 3

Like they know something that there it.

Speaker 1

Is that was a suggestion there that maybe they I don't know, maybe that's just the standard language they use. But again, we're talking about a congressman from the Bay Area who was 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.

Speaker 2

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 Swallwell in a Manhattan hotel room in twenty twenty four, and that is why charges are being considered against the congressman in New York.

Speaker 1

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.

Speaker 2

Yes, But when reporters pressed his attorney on this, this attorney said, he's busy running a gubernatorial campaign.

Speaker 3

That was their response, at.

Speaker 2

Least as official as it gets, because that is what.

Speaker 3

His attorney said, Did you have a rally this weekend? It probably wasn't the right tone given everything that's going on.

Speaker 1

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

Speaker 3

Busy running a campaign.

Speaker 1

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 fromround me of you know, I shouldn't use that comparison, but that, come on, man, that tone is not right.

Speaker 3

It's not right. It certainly isn't.

Speaker 2

And look, 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'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.

Speaker 3

Just noise that's percolating.

Speaker 2

Now.

Speaker 1

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, and it's unfortunately we use that sometimes boys behaving badly. But some of the stuff that's out there is just trying to show him as being.

Speaker 3

A alomanizer who cheese on his wife.

Speaker 1

And what's the way use a smirmy smarty Oh well he's smarmy.

Speaker 2

Smarmy, that's marmie. Yes, that that's just sleazy smarmy stuff. Is what's being circulated.

Speaker 1

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 twenty starting in twenty nineteen, Robes. Her allegations are something else. This isn't just a little a playboy.

Speaker 2

He likes to.

Speaker 1

Drink and likes to cheat on his wife and run around and find young No, no, no, no, no, we are 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 headline. Sometimes. The even we've been in television news and big networks, big shows don't like the

word rape, like to use sexual assault. Robes there is It's significant to make the damn distinction because rape is a very specific suggestion and alex gation 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.

Speaker 2

Yes, because this former staffer describes nothing short of rape.

Speaker 3

When she talks about that night.

Speaker 2

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, she describes.

Speaker 1

It, But she isn't she describing 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, I remember trying to.

Speaker 2

Bite this guy off me 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 free 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.

Speaker 3

So she describes a fairly violent assault.

Speaker 1

Yeah, and then there was twenty four 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, the leg right, Yeah, and then the election is June's second, and then he possibly was on his way to becoming the next governor of California. We talked about eight he might get charged,

criminally charged with something. Now, this is a stunning.

Speaker 2

Look.

Speaker 1

We talk about downfalls and all this stuff and politics and ropes from that to that. In a matter of seventy two hours. This all happened on Friday.

Speaker 3

It's remarkable.

Speaker 2

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 statement that, frankly is telling and I don't know how else to put it.

Speaker 3

We can read it for you in its entirety. Just take a listen. As leaders of teams working for Eric.

Speaker 2

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 Swolwell. 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 fourteenth 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.

Speaker 1

Ouch now WO 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 DC. 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.

Speaker 3

Yeah, and I.

Speaker 2

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 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 them.

Speaker 1

It's well done. I thought it was really well done. And then you know what, it's maybe reassuring to the people in that district as well. He's not currently work. 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.

Speaker 2

We got you.

Speaker 3

That makes a lot of sense.

Speaker 2

And look, they have seen where everything is you said in seventy two 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 rejected and denied all of these allegations, saying, these allegations of sexual assault are flat false.

Speaker 3

They're absolutely false.

Speaker 2

They did not happen, and they have never happened, and I will fight them with everything that I have.

Speaker 1

And we ain't heard from him since though, because a lot more has come out, a lot more detail has come out, and Robes, there.

Speaker 2

Is not a.

Speaker 1

You say that you said he's losing support. 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.

Speaker 3

Need to look into this. And Nope, not you know what that's so telling.

Speaker 2

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 a time or caution or just a little perspective.

Speaker 3

Nothing. It's all bye bye, bye bye.

Speaker 2

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. And welcome back everyone to this episode of Amy and TJ. Yes, we have been talking about four days now, the political fallout for California Congressman Eric Swollwell, who 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. Young woman says a former staffer of his says it happened in a New York City hotel room in twenty twenty four, 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 congress woman.

Speaker 3

Her name is Anna Paulina Luna. She's from Florida.

Speaker 2

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 Swallowell from Congress.

Speaker 1

I mean, okay, we'll see how far this goes at some butt. 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.

Speaker 2

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.

Speaker 3

That is as serious as it gets.

Speaker 1

And I know in the hit I can't remember the last one, and then the history, it's got to be a single digits. It's got to be on one hand the number of times this just happened in 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 him, let them vote them out. We shouldn't do it on their behalf.

Speaker 3

All right.

Speaker 2

Well, according to the Internet six members only six members of the US House of Representatives and one Senator have ever been expelled in US history. The most recent was I forgot about this, George Santos from New York in twenty twenty three for fraud and campaign finances. This recent, yes, and then James traffickan from Ohio Democrat in two thousand and two for corruption. Michael Myers, well that's a name. A Democrat in Pennsylvania in nineteen eighty for bribery.

Speaker 1

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

Speaker 3

Corruption, fraud and campaign.

Speaker 1

Finally, it's rare because what happens then Robes, It's like, oops, they are they going to come after me for any little thing I do? You don't want to do that?

Speaker 3

And Robes.

Speaker 1

How many members of Congress do we know of right now are facing something pretty serious or.

Speaker 3

Have done something similar. Let's just be honest, but.

Speaker 1

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? In 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 mid term election year and said, yeah, a guy accused a rape and I voted to keep him in Congress.

Speaker 2

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 record, Dave, I had not even thought of. Of course, the balance of the House is more important than any one congressman and any one young former staff who claimed she was raped by him. That's just the truth of the matter, as sad as it is.

Speaker 1

What was the President talking about not long ago one guy was Member Cony's was really really ill and that he was only 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.

Speaker 3

You remember that, say that was recent, This was in the last few weeks.

Speaker 1

Yes, so that's what I'm saying, Ropes, It's not so sure they gonna kick one of the people.

Speaker 2

Out, 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.

Speaker 3

Do you know for the I said there were six, you had to go back.

Speaker 2

To eighteen sixty one for the other three members because they were expelled for supporting the Confederacy. That's how I just for perspective, that rises to the level 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.

Speaker 1

But 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.

Speaker 3

You know, you don't think about it.

Speaker 2

It's so interesting you put that because you think about him being political and him thinking about his business, 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 than any.

Speaker 3

Political career he thought he had.

Speaker 2

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 tomorrow that will be a telling time. Will he even be in DC at that point, will he even come back? You're looking at me like, hell, now, how is.

Speaker 1

You going to show his face right now in the halls of Congress. You can't do that. He's going to be sitting at a table alone in the lunch room. I mean, what is he supposed to do it 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. Rose, 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.

Speaker 2

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 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 made roboch alongside TJ.

Speaker 3

Holmes. We will talk to you very soon.

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