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April 30, 2024
Legislative Update
Scandal in the Senate
Last week, we received the disturbing news that Senator Nicole Mitchell (D-Woodbury, pictured right) was arrested and charged with first-degree burglary charges in Detroit Lakes on April 22nd.
Mitchell was elected to the Senate in 2022. She was arrested during the Passover break last week. Before being elected, she worked as a meteorologist for the U.S. Military, KSTP-TV, and MPR. She still holds the rank of Lieutenant Colonel in the Air National Guard where she is in command of a weather unit.
According to Mitchell, she claimed that her stepmother suffers from Alzheimer’s and associated paranoia. She said that she received medical information that caused her “grave concern” and prompted her to check on a relative – her stepmother. She claimed that she entered the home the same way she had for the past 20 years and unfortunately startled her stepmother.
However, her statement directly contradicts the police report. According to the police report, “On April 22, 2024, at approximately 4:45 a.m., Detroit Lakes police officers were dispatched to a residence in Detroit Lakes in Becker County on a report that somebody had broken into a residence.” Once an officer arrived at the home, the victim, Sen. Mitchell’s stepmother, told the officer that the suspect had run into the basement.
When the officer searched the basement, they located a lone female dressed in all-black clothing and a black hat. The suspect was later identified as Sen. Nicole Mitchell. She was ordered to the ground and placed under arrest during which time she said, “I was just trying to get a couple of my dad’s things because you wouldn’t talk to me anymore." Officers discovered a flashlight which was modified with a black sock to control the amount of light emitted.
Officers later found Mitchell’s entry point, which was a small window on the south wall of the basement where they also found a backpack belonging to Mitchell. In the backpack, they found her Senate identification, driver's license, Tupperware, and two laptops, one belonging to her stepmom. When later questioned about the laptop, she claimed that her stepmother had lent it to her. She also said, “Clearly, I’m not very good at this.” When officers asked the victim, she stated that she had not given the laptop to Mitchell.
At the squad car, Mitchell was read her Miranda rights, after which she said, “I know I did something bad.” She explained that her father recently passed (in March 2023) and that her stepmother had ceased all contact with her and other family members. She stated she wanted various items of her father's and that her stepmother refused. She admitted to driving her vehicle from Woodbury, leaving at 1:00 a.m. to Detroit Lakes, and entering through her stepmother’s window.
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 Sen. Mitchell's statement on Facebook following her April 22 arrest.
 Police report from the night of the arrest, April 22, 2024.
Her statement (above) completely contradicts the police report and the evidence that has since been made public. No reasonable person would check on a family member who suffers from Alzheimer’s and paranoia in the middle of the night wearing all black, carrying a flashlight covered in a black sock. And, they certainly don’t enter through a basement window when they presumably “have a key” as her lawyer states. Furthermore, they also don’t lay in wait on the floor next to their family member’s bed.
 Statement from Sen. Mitchell's Lawyer.
The type of behavior displayed by Sen. Mitchell has no place in elected office. It is indeed a direct violation of the Senate’s standards of ethical conduct. Senate rule 56.1 states that, “Members shall adhere to the highest standards of ethical conduct as embodied in the Minnesota Constitution, state law, and these rules.” Certainly, she should not be the deciding vote in a Senate with a one-seat Democrat majority on policies that will affect all Minnesotans. I agree wholeheartedly with Senate Minority Leader Mark Johnson (R-East Grand Forks) who said, “The public expects Legislators to meet a high standard of conduct. As information comes out, we expect the consequences to meet the actions, both in the court of law, and in her role at the legislature.”
Monday, in the Senate, there were two motions offered that would prohibit Mitchell from voting while a first-degree felony burglary charge has been filed against her. She was the deciding vote against both of those motions, which is an egregious conflict of interest. You can see one of those votes below.
 My Republican colleagues in both the House and the Senate have called for her resignation. Senate Democrats, on the other hand, have claimed that removing her from office or asking her to resign would violate her due process. That is not the case. While she has not been found guilty in a court of law, the public record of her actions are simply unbecoming of a legislator and a violation of the Senate’s code of ethical conduct. She should resign. How can Minnesotans trust any law passed by someone who is awaiting trial for a felony?
On the other hand, Washington County Commissioner and former State Senator, Karla Bigham (below), and DFL Chair Ken Martin have both commented that if they were in the same situation, they would resign.
 Of course, with only a one-seat majority, it is not a surprise that the Senate Democrats would circle the wagons around her to hold onto their power. On April 24, Senate Republicans filed a motion to expedite an ethics probe into Mitchell. Under typical rules, an ethics probe would usually take 30 days to begin, which would delay Senate business well past the May 20th end of session. The motion to expedite the investigation is important because it would have allowed the session to continue while upholding the integrity of the Senate. The motion failed after a tied 33-33 party-line vote.
Later that day, the 911 transcript was released to the public, further confirming that allowing Sen. Mitchell to vote on bills would be a stain to the integrity of the Minnesota Senate. You can read that transcript below.
  911 transcript between dispatcher and Sen. Mitchell's stepmother on April 22.
Some action was taken which removed Sen. Mitchell from committees (all of which are over for this session) and removed her from the Senate DFL caucus. However, Majority Leader Erin Murphy (D-St. Paul) said she would still be allowed to vote. On Monday, she made an appearance on the Senate floor (but avoided all questions from the press) and was permitted to vote on a motion to expedite the ethics probe into her arrest on which, she voted no. Allowing her to vote on the Senate floor is a complete embarrassment to the Minnesota Legislature, a violation of the public's trust in the institution, and a direct conflict of interest. Senator Mitchell should resign. Stay tuned folks.
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