Special legislative committee to take up expulsion of Nearman
Published 12:00 pm Monday, June 7, 2021
SALEM — House Speaker Tina Kotek has introduced a resolution to expel state Rep. Mike Nearman, following new evidence that Nearman plotted with supporters before allowing an incursion of the state Capitol in December.
But in an atypical move, Kotek is electing not to run that resolution through the House committee that normally takes up workplace complaints. Rather, Kotek is convening a “Special Committee on Dec. 21, 2020,” that her office says will meet later this week to consider expelling Nearman.
“The severity of Representative Nearman’s actions and last week’s revelation that they were premeditated require a special committee to immediately consider expelling him from the House of Representatives,” Kotek, D-Portland, said in a statement. “He knowingly put the physical safety of everyone in the Capitol — lawmakers, staff and law enforcement — in jeopardy.”
The special committee Kotek is forming will be evenly split between Democrats and Republicans, meaning the two parties will need to find common ground for anything to pass. Democrats on the committee are Rep. Paul Holvey, who serves as House Speaker Pro Tem, House Majority Leader Barbara Smith Warner, and Rep. Andrea Salinas. Republican members are House Minority Leader Christine Drazan and Reps. Daniel Bonham and Duane Stark.
A vote to expel Nearman from the Legislature would ultimately require a minimum of 40 votes in the full House, a two-thirds supermajority that would require at least three Republican to vote in favor of expulsion.
If that came to pass, Nearman would be the first Oregon lawmaker to be expelled from the body. Kotek and Smith Warner both tweeted Friday, June 4, that Nearman should resign or be ejected from the House.
Republicans have been largely silent about the case against Nearman. Drazan did not respond to a request on June 4 or June 7. She has said in the past that Nearman should be “held responsible” if his actions were deemed criminal, but has not indicated whether she’d support expulsion.
Nearman did not respond June 7 to a request for comment about the possibility of his expulsion.
The resolution the committee will be charged with considering lays out the facts of Nearman’s involvement in the Capitol breach that occurred as lawmakers met in special session on Dec. 21.
On that date, surveillance footage showed Nearman exiting the Capitol via a vestibule on the west side of the building, as right-wing demonstrators demanding entrance were gathered directly outside. Nearman did not break stride as he passed two men who held the door open behind him. The lawmaker immediately walked around the Capitol and re-entered from the other side.
Once inside the Capitol, demonstrators scuffled with police, with one man allegedly spraying bear mace at officers. Even after they were coaxed out of the building, some members in the crowd vandalized glass doors and assaulted journalists on the scene.
Nearman has not directly commented on his motives for leaving the building that morning, but footage that emerged last week suggests it was a premeditated act designed to allow people into the Capitol.
In a video that appears to have been shot on Dec. 16, five days before the breach, Nearman can be heard explaining to supporters an idea for “Operation Hall Pass.” In the video Nearman repeatedly tells an audience his number — which he coyly suggests is not his number.
“And if you say, ‘I’m at the west entrance’ during the session and text that number there … somebody might exit that door while you’re standing there,” Nearman says in the video.
After a recitation of the facts, the resolution concludes Nearman has “engaged in disorderly behavior,” the basis in the state Constitution for expelling a lawmaker.
The use of a special committee to handle the matter raises questions about a hearing of the House Conduct Committee scheduled for June 9.
The committee takes up workplace complaints in the Legislature, and had been scheduled to consider Nearman’s case after an investigation determined the lawmaker likely broke personnel rules.
But while the Conduct Committee meeting is still scheduled, it’s not clear what will be at stake when the larger question of Nearman’s expulsion is being pursued by another committee.
Nearman has already faced some consequences for his actions. He has been charged with two misdemeanors stemming from the incident, and has been stripped of all of his legislative committee assignments. In addition, he has forfeited his badge granting Capitol access and must give 24 hours notice before coming to the building.