Mounting sexual misconduct allegations against Rep. Eric Swalwell led him to resign from Congress and drop out of the California gubernatorial race, but legal experts say the fallout could extend beyond politics, including potential disbarment.
Swalwell is facing a string of accusations, including that he drugged and raped one woman and sexually assaulted one of his staffers, which have spurred at least two local criminal investigations. The accusations, which he has largely denied, have driven not just his exile from the political world but could now expose him to possible broader career repercussions.
Hans von Spakovsky, legal fellow at Advancing American Freedom, told Fox News Digital that Swalwell is bound by the State Bar of California’s rules of professional conduct. Swalwell has had an active license to practice law in the state since 2006.
The state lists what would constitute professional misconduct, which the bar could investigate and then decide to suspend or revoke Swalwell’s license. Von Spakovsky noted that “dishonesty, fraud, [and] deceit” are included, as well as “moral turpitude.”
“It would be up to the State Bar to investigate and see if his behavior falls within any of these or other prohibitions,” Von Spakovsky said.
Jonathan Turley, George Washington University law professor, said Democratic allies and left-leaning media previously “shielded” Swalwell but that the congressman was now “persona non grata without a friend in the world.” Turley raised the prospect of disbarment.
“If these rape and sexual harassment claims are established, he is likely to face disbarment demands,” Turley said on Monday just before Swalwell resigned. “Even his prior boosters at MS NOW and CNN are unlikely to offer him a media deal.”
SWALWELL ACCUSERS DETAIL EXPERIENCES WITH LAWMAKER AFTER HE ANNOUNCES HIS RESIGNATION FROM CONGRESS
Several women have accused Swalwell of sexual misconduct or assault, including a former staff member who alleged, according to CNN, that he had nonconsensual sexual relations with her twice, including one time that left her “bruised and bleeding,” while she was intoxicated. In the latest and most serious development, a Beverly Hills woman named Lonna Drewes accused Swalwell during a press conference of drugging, raping and choking her in a hotel room in 2018.
The latter accusation prompted the Los Angeles County Sheriff’s Department to open a criminal investigation, which follows the Manhattan District Attorney’s Office also announcing a criminal investigation into the claims. FBI Director Kash Patel also signaled Swalwell could have federal exposure, asking the public to provide tips and for the former congressman to meet for an interview.
Sara Azari, a NewsNation analyst who is now representing Swalwell, told the outlet “regret is not rape.”
“The fact that you know a day later or years later or what not, you maybe had shame around what you did, or maybe you were in a relationship and shouldn’t have done what you did, doesn’t make it rape,” Azari said, emphasizing that Swalwell currently only faced allegations and no civil complaints or criminal charges.
If charged and convicted, misdemeanors or felonies involving sexual offenses could lead to disbarment, even if the lawyer is not actively practicing law, according to the professional conduct rules.
Before joining Congress, Swalwell was a law clerk and practiced law as a hate crimes prosecutor for the Alameda County District Attorney’s Office.
Fox News Digital reached out to Azari for comment.
