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April 16, 2026 15 mins

Eric Swalwell's attorney is talking. After a 2nd rape accuser came forward this week, Swalwell's attorney launched a public defense that centered on this idea: regret is not rape.  His attorney went on to suggest there are reasons -- beyond politics -- for why accusers have come forward now. 

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Speaker 1 (00:02):
Hey there, folks.

Speaker 2 (00:02):
It is Thursday, April sixteenth, and Eric Swalwell's defense might
be starting to take shape because it stars with this
regret is not rape and with that, welcome to this
episode of Amy and TJ roholds. That's going to be catchy.
It's going to be repeated to regret is not rape.
His attorney is speaking, his defense attorney, and she seems

(00:26):
to be going after a particular line of defense.

Speaker 3 (00:30):
Yes, she is categorically denying that Eric Swalwall ever, ever
participated in non consensual sex. And so she's talking about
specifically two of the women who have come forward who
have talked about rape, saying years later, she's basically painting
a picture that yes, maybe they were in a relationship

(00:51):
at a time, maybe they regretted having sex with him,
and this is what now they're saying based on those feelings.

Speaker 4 (00:57):
And that's a powerful statement. That is catchy.

Speaker 1 (01:00):
You know what what But yeah, oh yeah, the regret rape.

Speaker 2 (01:04):
But we just heard her, and yes, he does have
a female attorney out there publicly defending him for Robes
to hear her.

Speaker 1 (01:14):
She's doing her job, first of all, she's a defense streight.

Speaker 2 (01:17):
But Robes, when when you talk about, and you hear
about and so much reporting about women not being believed
when they tell their stories. To hear this woman kind
of just knocking it down completely, almost dismiss him. Maybe
you were in a relationship and you had some shame,
or maybe you weren't supposed to this, or maybe she
suggested all of these things that kind of flippantly dismissed

(01:43):
what has been a week of hemous details being released.

Speaker 3 (01:47):
What these women are describing is is not just rape,
but violent rape. We're not talking about and I hate
to even try to put a category of rape, like, oh,
just a nonder sensual, I'm barely awake, I don't know
what happened. No, we're describing, or we're hearing being described
choking to the point of losing consciousness, feeling like you're

(02:08):
going to die. The former staffer saying she had bruises
and bleeding, so.

Speaker 4 (02:13):
This wasn't just you know, he said.

Speaker 3 (02:15):
She said, these accusations are incredibly serious, and she did
recognize that. She said, what's being leveled or levied against
him is certainly very serious, but she questions the seriousness
of the claims themselves.

Speaker 2 (02:28):
Okay, let's start with who this attorney is. Her name
is Sarah Azeri. She is now representing Eric Swalwell. She
has done a couple of media appearances, but Rose has started.
She did put out a statement on X This was
really the first indication. But Rose, they're making clear here
and I think in her interview she's making clear that

(02:48):
he's saying, yes, he had sex.

Speaker 1 (02:51):
With these women.

Speaker 2 (02:52):
Correct, But that's a first that we're hearing. He's only
said before I've made mistakes.

Speaker 3 (02:56):
Yes, he hasn't gotten too specific about that, and he's
apologized first and foremost to his family in any statement
he's made, and then his constituents.

Speaker 4 (03:05):
But this is what his attorney had to say.

Speaker 3 (03:07):
Congressman Eric Swalwell categorically and unequivocally denies each and every
allegation of sexual misconduct and assault that has been leveled
against him. These accusations are false, fabricated, and deeply offensive,
a calculated and transparent political hit job designed to destroy
the reputation of a man who has spent twenty years

(03:28):
in public service.

Speaker 2 (03:29):
Qut I went back every he denies every allegation of
sexual misconduct, correct, everything, not just am I reading this
the way he's saying, where you are that everything that's
been put out there, not just the rapes.

Speaker 3 (03:41):
Yes, and they're basically saying that they think this was
a co coordinated, calculated, political, politically motivated hit job to
make sure he did not become California's next governor. Okay,
she goes on to say, yes, the timing nature and
coordinated rollout of these vile and heinous allegations speak for themselves.

(04:05):
This is neither about justice nor the truth. This is
a ruthless and shameless attack or attempt to smear Congressman Swallwell.

Speaker 1 (04:14):
Former Congressman Swallwell.

Speaker 4 (04:15):
That's actually a very good point.

Speaker 3 (04:17):
Congressman Swalwell has devoted his career to defending the Constitution,
protecting civil liberties, and standing up to those who abuse power.
He has never wavered in that fight, and he will
not waver now. We will fight these despicable and baseless
accusations with the same tenacity, courage, and conviction that has
defined the Congressman's public service. You know she was talking

(04:40):
about how he was a former prosecutor.

Speaker 4 (04:43):
I actually didn't know that. That's fascinating, dude, Lawyer.

Speaker 2 (04:48):
Even one of the I can't remember which one it was,
who said they feared him, and that was a part
of it.

Speaker 1 (04:53):
It's like this guy used to be a prosecutor. He
knows law. But yeah, this. I was surprised by that.

Speaker 2 (04:59):
Paragraph from the statement because it almost signs him up
as a hero. It almost right says, oh, no, this
is a fighter. He has been standing up whether he's
going to key. I thought that was a it was
a choice.

Speaker 3 (05:12):
It's funny you say that because she actually said I believe.

Speaker 4 (05:15):
Listening to her make the rounds on the media, she used.

Speaker 3 (05:18):
Words first of all, that she fully believes him, and
second because not all lawyers say that, and second that
she was proud of him, that she was proud of
him for putting his constituents first, his family first, and
by stepping down from office as a congressman and stepping
out of the race. Did not imply or mean in

(05:40):
any way, shape or form that he was admitting guilt
to committing any of these acts, but merely acknowledging what
a distraction this was. How could he possibly continue to
run for governor? How could he possibly serve his constituents
if he's fighting all of these attacks. So yes, almost
as if he took one for the team. Yes, that
he was basically sacrificing his own political ambitions for the

(06:04):
better of Californians.

Speaker 4 (06:07):
That's basically what.

Speaker 1 (06:08):
She was saying, and it was interesting.

Speaker 2 (06:09):
I mean, this tact seems to be not just a
matter of keeping him out of jail, but also possibly
getting him back into the good graces of some voter
at some point down the road. I just thought it
was interesting that she went fully in that direction.

Speaker 1 (06:28):
The interview. I mean, the statement is one thing. I thought.

Speaker 2 (06:31):
A bunch of the things she said in the interview.
Who do we see it with News Nation this week?

Speaker 1 (06:36):
Was interesting?

Speaker 2 (06:38):
Well, first of all, we should say we shouldn't be
hearing anything else from him.

Speaker 1 (06:42):
She did say she advised.

Speaker 2 (06:43):
Him not to speak, so don't expect any more comments
from him. She talked about this being two consenting adults.
This is significant that this would be and I'm not
reading Tea Leaves here. This is her acknowledging for the
first time that yes, in fact, aren't isn't he She

(07:06):
suggesting Robes that in both instances, that the incidents having
to do with his staffer and the instance having to
do with a woman who just came forward this week,
that he is admitting to sexual relationships with both of
these women.

Speaker 3 (07:20):
It sounded that way because she said, I don't care
if you like him. I don't care if you are
passing judgment because of inappropriate sex or immoral sex. The
issue that we're talking about here is whether it was
unconsensual sex, criminal sex, and you know, two adults consenting,
which is our position, is not against the law. And

(07:44):
so what I say to jurors, I'm going to tell
your audience. And this is where she said, regret is
not rape. So it seems like in that statement alone,
there is an absolute acknowledgment that he had sex. And
I just thought it was interesting because she talked about
inappropriate or immoral maybe out of wedlock. Yeah, that must
have been what she meant, because I was wondering, even

(08:04):
with these allegations of choking, if maybe they're going to
claim that these women liked it rough or were.

Speaker 4 (08:11):
Into that kind of sex.

Speaker 3 (08:13):
That's where I was thinking, is she going to even
go there or even kind of imply that somehow this
was an agreed upon activity between the two And the
problem with that is it is a he said, that
is no proof, Like, how do you know all all
we can say is We saw that press conference and
it was pretty damn compelling.

Speaker 2 (08:33):
But a part of that press conference road, we heard
a lot about receipts. We heard a lot about them
having documentation, heard a lot about the woman making handwritten
notes about what she went through the documentation, about the
woman going to a treatment facility to get help for

(08:54):
dealing with sexual assault.

Speaker 1 (08:56):
We heard about it.

Speaker 2 (08:56):
So many receipts that they have, well, ording to Swallow's attorney,
they got receipts to stay here, all right, we continue
here on Amy and TJ. Eric Swalwell's defense starting to

(09:17):
take shape. Regret is not rape is the stance his
attorney is taking ropes. I don't know what she could
have been suggesting in her interview in what she said.
I mean, she was pretty defiant. They got receipts. We
got receipts too, But she didn't elaborate.

Speaker 3 (09:31):
Well and we did hear earlier from at least folks
who were defending Eric Swalwell.

Speaker 4 (09:37):
In the beginning, just talks about talking about the text.

Speaker 3 (09:40):
Messages after the fact, after the alleged incidents happened, and
that always usually is something that people try to say,
is their receipt but actually people will tell you that's
pretty common from people who have been sexually abused.

Speaker 2 (09:53):
And she does, I mean Sarah the staffer, the former
staffer that we're talking about, she in fact.

Speaker 1 (09:59):
Did, and they say they have it.

Speaker 2 (10:01):
It's documented that she spoke to friends, spoke to family members,
the woman in La and keep saying the.

Speaker 1 (10:06):
Woman in La.

Speaker 4 (10:06):
We know her name, Lota dress at.

Speaker 2 (10:09):
DRIs, same thing she said, not just that treatment facility
in Connecticut. I believe it was Rose, but she has
as well said she reached out to family members and
said what had happened to her? So we haven't seen
that stuff. They're just saying they have this stuff. I
don't know what Eric Swolwell could could offer to refute that,
other than what old text messages.

Speaker 3 (10:30):
Well, probably the niceties back and forth, maybe them thanking him. Look,
Harvey Weinstein tried the same ploy to say, hey, look
after the fact, after they claim I did all these
terrible things to them, which I'm saying was consensual. Look
at all the texts and emails they sent me thanking me,
inviting me to their wedding. So that has been tried

(10:52):
and used before, and it hasn't necessarily worked. Into the
advantage of the person being accused of rich you.

Speaker 2 (10:59):
Know now that you remind me of it. It's almost
like the first defense. If it's say, look at all
these nice things, who would say that if I had
abused the.

Speaker 3 (11:07):
Correction, why would they come back? Why would they ask
me out for a drink? Why would they keep you
returning to see me and want me to be a
part of their lives. But again, you have a lot
of psychologists will testify that this is extremely common. So
it hasn't worked, at least in the trials that we
have witnessed that that line of defense doesn't typically work.
And look, we don't know yet what the Los Angeles

(11:30):
County Sheriff's Department is going to do, what the New
York the Manhattan District Attorney's office is going to do,
but we do know that those investigations are ongoing. And
you see his attorney trying to say, let this all
play out in the actual course, not the court of
public opinion. We're not going to win in the court
of public opinion. And she is right because at this point,
hearing these women's accounts, hearing especially Lana Drew's, put her

(11:52):
name and face to it and really go through the
details of what she says she suffered.

Speaker 4 (11:57):
That is hard to.

Speaker 3 (12:00):
Go up against, certainly when it comes to what people
and especially women might be thinking when they hear these
other women so powerfully tell their story.

Speaker 2 (12:09):
Yeah, and to hear it, and it was the most
difficult part for me to hear. And I bet a
lot of survivors had a difficult time with it too.
And I don't know if it should make a difference
that it was a woman saying it, but Rope, we
have been hearing a bunch of difficult, awful stories from
quite frankly credible sounding women.

Speaker 1 (12:29):
And as they give that detail and we talk about
bravery and coming forward.

Speaker 2 (12:32):
You talk about Lanna Druis out drews out in California
and all it took, and we watched the pain on
her face. And now here's another woman out there publicly saying,
maybe you had a boyfriend, maybe you weren't supposed to
do this, maybe you felt some shame. Later Ropes, that
moment is something that women experience and survivors experience when

(12:56):
they watch TV over the years and they see debates
online that has to sting and hurt like hell. Robes
we have seen these incredible stories and to have somebody
else just come out and say they're explaining your story
away by simply saying you were dating somebody probably didn't
want to get caught cheating. Ah, maybe you just felt

(13:16):
some shame later. And it was so easily dismissive robes
of some pretty incredible stories.

Speaker 3 (13:24):
And that is why women don't come forward. That is
why you hear this rallying cry that moment. If women
say something happened, believe them because that line of argument
and discrediting victims and going then into their personal lives,
seeing how they may have acted or dressed or spoke, like,
everything about their lives and how they conducted themselves suddenly

(13:47):
is under incredible scrutiny. And that weight of that scrutiny
sometimes is just too much for victims to bear, and
a lot of women choose not to come forward. So
I do think it's pretty remarkable when you have someone
put their face, put their name, and tell their story
in front of cameras and do so eloquently.

Speaker 4 (14:06):
I mean, she that is brave. That is not a
fun position to.

Speaker 3 (14:10):
Be and you are now going to be scrutinized to
a level you probably can't even imagine, and that is
why she probably didn't go to police until now. But
no statute of limitations on her allegations in the state
of California. And so look at this point now we
are waiting for the investigative process to go through and
these receipts that everyone says they have, well, the good

(14:31):
news is that is in the hands of police and
the district attorney's offices and each locale. They will make
the decision whether or not there is enough evidence to
press charges against Eric Swalwell, but certainly his attorney trying
to get in front of it and telling a much
different story than the ones we are hearing from those women.
We will, of course stay on top of this developing,

(14:52):
developing story with Eric Swalwell. But as always, thank you
so much for listening to us.

Speaker 4 (14:55):
Everybody. I'm Ami Robock alongside TJ. Holmes. We'll talk to
you soon.

Speaker 1 (15:00):
Ramptation Thetation
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