THE ABSENCE OF SENATOR MITCHELL.

>> I MOVE THE RULES COMMITTEE BE COMPELLED BY THE SENATE TO IMMEDIATELY INITIATE DUE PROCESS PROCEEDINGS TO CONSIDER EXPELLING SENATOR NICOLE MITCHELL FROM THE MINNESOTA SENATE.

>> Mary: THE ARREST OF SENATOR NICOLE MITCHELL FOR FELONY BURGLARY HAS THE REST OF THE LEGISLATIVE SESSION IN SERIOUS DOUBT, WITH A ONE-VOTE MARGIN, WORK IN THE SENATE COULD SCREECH TO A HALT, UNLESS DEMOCRATS CAN GET REPUBLICAN VOTES IF SHE'S NOT VOTING.

>> THIS LEGISLATURE HAS SEEN MEMBERS CHARGED WITH CRIMES OVER THE LAST FEW YEARS, WITH VARYING RESULTS, BUT INCLUDED AMONG THOSE, FIFTH-DEGREE ASSAULT, CONSPIRACY TO EMBEZZLE.

BY MY COUNT, FIVE DRIVING UNDER THE INFLUENCES JUST IN THE LAST FIVE YEARS.

>> WITH THIS PROPOSAL, THE SENATOR WHO MADE THE MOTION IS PROPOSING THAT WE BECOME THE JUDGE, THE JURY AND THE EXECUTIONER.

>> Mary: MITCHELL WAS A BROADCAST METEOROLOGIST AND IN THE AIR NATIONAL GUARD FROM WOODBURY, WHO WAS ARRESTED IN DETROIT LAKES INSIDE HER LATE FATHER'S HOME, DRESSED IN ALL BLACK WITH A FLASHLIGHT AND A BACKPACK IN THE MIDDLE OF THE NIGHT.

SHE LATER POSTED A VERY DIFFERENT ACCOUNT, SAYING SHE WAS CHECKING IN ON A RELATIVE WITH ALZHEIMER'S AND PARANOIA.

REPUBLICAN MINORITY LEADER MARK JOHNSON SAYS SHE HAS TO GO.

>> YOU HEARD THE DEMOCRATS TALK ABOUT US UNDERCUTTING THE DUE PROCESS ERE IN THE MINNESOTA SENATE.

BUT WHAT THIS DID, IT COMPELLED THE COMMITTEE TO MEET IMMEDIATELY, AND THEN CONSIDER EXPULSION OF SENATOR MITCHELL.

WHAT YOU'RE SEEING RIGHT NOW IS THE DFL KICKING THAT DOWN THE ROAD 30 DAYS LATER.

ALREADY TODAY AND TOMORROW, SENATOR MITCHELL IS HAVING AN IMPACT ON THE BUSINESS OF THE MINNESOTA SENATE.

WE NO LONGER HAVE BILLS ON THE FLOOR TODAY OR TOMORROW.

AND COMMITTEES ARE BEING CANCELED.

SO WE NEED TO GET THIS RESOLVED ASAP.

WE WANT THAT DUE PROCESS, WE WANT THAT TO HAPPEN, BUT IT NEEDS TO HAPPEN SOON BEFORE MORE STUFF SHOULD HAPPEN.

>> Mary: CAN SHE VOTE, SHOULD SHE VOTE?

>> SHE CERTAINLY CAN, EITHER ON THE FLOOR OR WITH APPROVAL OF THE CAUCUS LEADER.

>> Mary: YOU STILL WANT HER TO RESIGN?

>> I ASKED IN MY STATEMENT YESTERDAY FOR HER TO RESIGN, YES.

>> Mary: SENATOR FRENTZ POINTED OUT THAT MANY OTHER LAWMAKERS IN THE HOUSE AND SENATE OVER THE DECADES HAVE BEEN ARRESTED, ACCUSED OF CRIMES, HE DETAILED THE NUMBER OF THEM.

OTHERS CALLED HIS UNPRECEDENTED?

WHICH IS IT?

>> WE ARE ELECTED AND ENTRUSTED WITH THE RESPONSIBILITY BY THE PEOPLE OF MINNESOTA, BUT WE ARE HUMAN BEINGS, AND HUMAN BEINGS MAKE MISTAKES, THIS IS NOT THE FIRST INCIDENT WHERE SOMEONE HAS COME -- RUN AFOUL OF THE LAW.

THE LEGISLATURE HAS A PROCESS TO DEAL WITH THAT IN THE ETHICS COMMITTEE.

SENATOR MITCHELL, JUST LIKE EVERY OTHER MEMBER OF THIS BODY, SHE HAS A DUE PROCESS RIGHT IN THIS BODY.

SHE HAS A DUE PROCESS RIGHT IN COURT.

>> Mary: WHAT HAS SHE TOLD YOU PERSONALLY WHEN YOU SPOKE?

>> SHE WAS HAPPY TO GET TO A PLACE WHERE SHE COULD TAKE A SHOWER AND SHE WAS HAPPY TO SEE HER KIDS.

>> THERE BEING 33 AYES AND 33 NOS, THE LUCERO MOTION FAILS.

>> Mary: THIS, AS LAWMAKERS RETURN FROM ANOTHER QUICK HOLIDAY BREAK WITH ALL THE DEADLINES PAST FOR BILLS TO MOVE THROUGH COMMITTEE.

>> IT IS IMPORTANT FOR US TO BE IN A POSITION TO CONDUCT THE WORK OF THE SENATE IN AN ORDERLY FASHION.

AND GIVEN WHAT WE HAVE EXPERIENCED IN THE LAST 24 HOURS, I THOUGHT IT WAS WISE FOR US TO PAUSE TO MAKE SURE THAT WE CAN CONDUCT THAT WORK.

>> THERE'S A NUMBER OF ISSUES THAT ARE STILL HANGING OUT THERE, AND I KNOW THERE'S GOING TO BE SOME VERY DIFFICULT, YOU KNOW, VOTES, THERE'S GOING TO BE SOME DIFFICULTY IN TRYING TO FIGURE OUT HOW WE END THIS, GIVEN THE CIRCUMSTANCES RIGHT NOW.

ESPECIALLY WITH THE C