Anti-Gun State Senator Resigning After Felony Burglary Convictions

Becker County Jail

Days after a Becker County, Minnesota jury found state Senator Nicole Mitchell guilty of felony attempted burglary and possession of burglary tools after just a few hours of deliberation, Mitchell announced that she's resigning her seat... potentially ending the Democrats' control of the chamber. 

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Democrats (known as the Democrat-Farmer-Labor party in Minnesota) currently hold a one-seat majority in the Senate, but the chamber will be deadlocked once Mitchell departs. That won't happen right away, however. 

Her defense attorneys announced Monday her resignation will come no later than 5 p.m. on Aug. 4. The announcement said she needs time to "wrap up outstanding legislative projects ... complete ongoing constituent services ... transition legislative staff ... [and] obtain health insurance for her son."

Nicole Mitchell, a Democrat, represents parts of Woodbury and Maplewood. Her resignation leaves the Minnesota Senate tied at 33-33 at least until a special election is held.  If Republicans prevail in that contest, it would shift the balance of power in the chamber since Democrats have just a one-seat majority right now.   

Shouldn't she have been getting all of her ducks in a row before the trial? She had to have known that getting convicted was a real possibility, especially given her own statements to police when she was busted in her stepmother's basement last year. She told both her stepmother and the officers who responded to Carol Mitchell's 911 call that she was there at the home to get some of her late father's belongings, and clearly wanted to do so without alerting her stepmother given that she used a pry bar to gain entry to the home while dressed like a cat burglar. 

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GOP Senate Minority Leader Mark Johnson blasted Mitchell's decision to hang on to her job for a few more weeks, saying in a statement that "Senator Mitchell was convicted of two felonies; she doesn't get to give the Senate two weeks' notice."

Johnson went on to accuse his Democratic colleagues of protecting Mitchell for since her arrest last year "to protect their political power," noting that the jury "needed just three hours to confirm what was already clear: she shouldn't be a senator."

The soon-to-be-former-state-senator faces a minimum sentence of 180 days in jail for the burglary convictions. A sentencing date has yet to be set, and until then she's allowed to remain free. 

Given that she must serve some time, I'm disappointed but not surprised that the judge overseeing the case didn't order her remanded to custody right away. 

After Mitchell's arrest Republicans tried to launch an ethics investigation into Mitchell, but Democrats squashed the move and didn't push for resignation. Though they removed her from her committee assignments, they allowed her to continue voting on legislation once it reached the Senate floor, and she provided the crucial vote for several pieces of legislation over the course of the session. 

Mitchell's Senate District was the subject of redistricting in 2022, and it's much more Democrat-friendly than it was before. Mitchell won her seat with 58% of the vote three years ago, but Republicans should be more competitive this time around given Mitchell's bad behavior. It's unclear when a special election will take place, but I expect Gov. Tim Walz will schedule one before next year's legislative session begins in order to give Democrats the best chance possible of keeping their slim majority in place. 

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One of the first issues that Mitchell's replacement could face is a bill disarming concealed carry holders at the state capitol building. 

We know how Mitchell would have voted on that bill. Hopefully her successor will be more respectful of both our Second Amendment rights and vote down this attack on lawful gun owners if the partial carry ban reaches the Senate floor. 

Editor’s Note: The radical left will stop at nothing to enact their radical gun control agenda and strip us of our Second Amendment rights.


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