GOP fails to oust Minnesota Dem in divisive statehouse clash

Minnesota Senate Republicans tried to expel Sen. Nicole Mitchell, DFL-Woodbury, from the chamber Monday, arguing that her felony burglary charge restricts her from adequately representing her constituents and that the nature of the allegations is unbecoming of a Minnesota senator.

Mitchell’s trial for the burglary charge was scheduled to begin Monday, but lawyers for Mitchell successfully delayed it until after the Legislature adjourns on May 19. In their motion to delay, Mitchell’s lawyers cited a 2007 appellate ruling stating that legal proceedings involving legislators should be delayed until after the legislative session to ensure constituents still receive representation.

Mitchell was arrested last spring at her stepmother’s house by Detroit Lakes officers responding to a burglary call. Officers searched the basement and found Mitchell dressed in black clothing and a black hat.

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Sen. Jordan Rasmusson, R-Fergus Falls, who offered the motion to expel, said doing so would restore integrity to the Senate.

“We don’t need the results of a criminal trial to know Sen. Mitchell’s conduct fails to meet the standards of ethical behavior that we expect from senators,” Rasmusson said. “We shouldn’t be complicit in delaying justice for the victim of a crime by allowing Sen. Mitchell to use her membership in this body to shield herself from criminal consequences.”

The Senate is currently tied 33-33 between Republicans and Democrats after Sen. Kari Dziedzic, DFL-Minneapolis, died of cancer last month. The Senate has been operating under a power-sharing agreement since the session began on Jan. 14. The special election to fill Dziedzic’s seat is Tuesday, and the blue-leaning district is expected to elect a Democrat. The winner of the special election will likely be seated next week.

The move by Senate Republicans to expel Mitchell likely ended the warm feelings that have suffused the proceedings during the first two weeks of session. Members of both parties shared encomiums to Dziedzic on the first day and have seemed to revel in the comity that has eluded the Minnesota House, where the two parties are locked in a heated battle for control.

Sen. Nick Frentz, DFL-North Mankato, asked Senate President Bobby Joe Champion to rule the expulsion motion out of order. After conferring with Sen. Jeremy Miller, R-Winona, and the leaders from both caucuses — as required by the power-sharing agreement — Champion ruled the expulsion motion out of order.

Members appealed Champion’s decision, and senators voted 33-33 to uphold it. Mitchell cast the deciding vote in favor of herself, and a tie vote to uphold the ruling. The vote to appeal failed and Champion’s decision that the expulsion motion was out of order was upheld.

Rasmusson, after his expulsion motion was ruled out of order, told reporters that he brought the motion forward Monday because it was supposed to be Mitchell’s first day of her trial, and he wanted to make sure Mitchell’s charge and impending trial wouldn’t “distract from (the Senate’s) important work.”

Prominent Democrats, including DFL Chair Ken Martin and Gov. Tim Walz, have sought to force Mitchell to resign. Her Senate DFL colleagues have banned her from their caucus meetings and stripped her of committee assignments, though Senate Majority Leader Erin Murphy, DFL-St. Paul, has said Mitchell is owed due process on her legal case before the Senate begins proceedings to expel her.

“I would love this issue to be behind us, but it’s not,” Murphy told reporters Monday.

Mitchell told a police officer that her father died and her stepmother had stopped all contact with her and other family. Mitchell said “I know I did something bad,” according to the charging document. And, while being arrested Mitchell said something to the effect of, “I was just trying to get a couple of my dad’s things because you wouldn’t talk to me anymore.”