Senate Ethics Committee investigates burglary arrest of DFL senator

The complaint against Gruenhagen, R-Glencoe, points to a graphic video he shared via a link in an email last year before a Senate vote on a bill creating legal protections for people seeking gender-affirming care , and for those who offer them.

Both complaints allege that the senators failed to “maintain the highest level of ethical conduct,” which is a rule for Senate members. The committee could recommend a variety of next steps, from demanding a public apology to expelling members.

Mitchell’s attorney, Bruce Ringstrom Jr., said Mitchell will attend the hearing and “hopes the committee will conclude that the hearing is premature. “She remains focused on preparing her defense in the criminal case.”

Ahead of the committee hearing, here’s what we know about the complaints and how the Ethics Committee might proceed.

How does the ethics committee work?

It is a four-member committee – divided into two Republicans and two Democrats. She will address those complaints today and begin discussing whether there is probable cause to continue her investigation.

Ultimately, there could be a recommendation ranging from demanding an apology to expulsion. The Senate has never expelled a member.

Will the committee make a recommendation today?

The panel is unlikely to reach a final conclusion immediately. Typically, the board will consider the complaint and decide probable cause. Interviews may be conducted with the people involved and other evidence may be considered. Renegotiations are possible.

In Mitchell’s case, her criminal case is ongoing and her next court hearing is scheduled for June 10 – after the legislative session adjourns.

How do lawmakers approach this meeting?

Senate Majority Leader Erin Murphy, DFL-St. Paul said leaders take this process seriously and work hard to avoid members hearing information that could impact the process.

Mitchell previously sat in the room next to a DFL member of the panel and was moved to avoid a possible conflict of interest. Murphy also said that the two DFL members on the committee — Sens. Bobby Joe Champion of Minneapolis and Mary Kunesh of New Brighton — were asked to step out of caucus meetings whenever Mitchell was mentioned. Mitchell was also excluded from the caucus deliberations.

“We don’t want Minnesotans or our colleagues here to have any reason to believe that we are trying to manipulate, push the dial, influence, or do anything other than let this subcommittee do its important work.” said Murphy. “We all need to trust that they are doing fair work on behalf of the institution. And we shouldn’t engage in politics with this expectation.”

Republicans in the House of Representatives also said the matter was very serious and needed to be resolved quickly. In the days since the arrest, they have filed several motions aimed at preventing Mitchell from voting locally while the ethics complaint is processed. Mitchell was removed from her committee assignments.

“This is one of the most blatant cases of violations of our rules that we have ever seen,” Johnson told reporters last week. “This is a serious accusation. And I hope that the ethics committee takes this very seriously and that it is not a politically motivated matter.”

Is there a precedent here?

Former DFL Senator Ember Reichgott Junge was chairman of the ethics subcommittee in the 1990s. She oversaw ethics proceedings for six DFL senators who faced criminal charges while in office.

She urged the four-member panel to try to reach a unanimous recommendation and not to politically influence the process.

“Ethics knows no politics. Anyone can be accused of a complaint,” she said. “Let’s be fair, let’s be honest. Let’s be apolitical.”

Reichgott Junge said that in previous cases, including the one she oversaw, the panel waited until the criminal case was complete before making a recommendation. She also said senators facing ethics investigations retained their right to vote as the ethics investigation continued.