Nearman faces expulsion in assault on state Capitol

(Update: No vote Monday; info on committee appointment)

SALEM, Ore. (AP) — Oregon House Speaker Tina Kotek wants to expel a Republican lawmaker who allowed violent protesters into the state Capitol in December.

Kotek introduced a resolution that says if two-thirds of the members of the House of Representatives concur, Rep. Mike Nearman would be expelled from the House. Minutes before the House opened its floor session late Monday morning, her office announced that Kotek appointed a committee to consider expulsion.

The committee, composed of three Democrats and three Republicans, will convene later this week and take up the resolution, Kotek’s press release said.

The incident on Dec. 21 rattled lawmakers and staff inside the Capitol and foreshadowed the Jan. 6 assault on the U.S. Capitol by rioters spurred on by then President Donald Trump. Several of those who were among the crowds in Salem on Dec. 21 later were in Washington during the U.S. Capitol attack.

As lawmakers met in emergency session on Dec. 21 to deal with economic fallout from the coronavirus pandemic, far-right rioters entered the building. They sprayed chemical irritants at police who finally expelled them. Outside, protesters broke windows on the Capitol and assaulted journalists.

Later, security camera video emerged showing Nearman opening a door to the capitol, which was closed to the public because of the coronavirus pandemic, allowing protesters to enter. Nearman allegedly told people in a video days earlier that he would let them in if they texted him, and he provided his cell phone number. The video was first reported Friday by Oregon Public Broadcasting.

In her resolution, Kotek said personnel who were authorized to be in the Oregon Capitol described the events on Dec. 21 as intense and stressful, terrifying and distressing.

“Law enforcement officers were visibly injured and shaken due to the demonstrators’ action,” Kotek added.

“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 said. “He knowingly put the physical safety of everyone in the Capitol -– lawmakers, staff and law enforcement -– in jeopardy.”

Her resolution cites the Oregon Constitution, which empowers the House of Representatives to punish a representative for disorderly behavior.

“With the concurrence of two-thirds of the members of the House of Representatives, Representative Nearman (shall) be expelled from the House of Representatives,” the resolution says.

Nearman also faces two misdemeanor criminal charges and has said he will seek a trial by jury.

Nearman hasn’t responded to repeated interview requests. He did say on a conservative radio show last month: “The Oregon State Police spent over four months investigating me. ... Do you think these guys have anything better to do?”

Kotek said police in the state Capitol prevented the situation from escalating.

“As we saw in January at the U.S. Capitol, the ramifications could have been dire if law enforcement had not stepped in so quickly,” Kotek said.

Members of the new committee are Rep. Paul Holvey, D-Eugene; Rep. Christine Drazan, R-Canby; Rep. Barbara Smith Warner, D-Portland; Rep. Daniel Bonham, R-The Dalles; Rep. Andrea Salinas, D-Lake Oswego; and Rep. Duane Stark, R-Grants Pass.

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News release from the Office of the House Speaker:

Special Committee to consider expulsion of Rep. Nearman over role in Capitol breach

Speaker Kotek appoints House Special Committee on December 21, 2020

SALEM – In light of a newly surfaced video revealing that Representative Mike Nearman coordinated a breach of the Oregon State Capitol last year despite COVID-19 restrictions, House Speaker Tina Kotek today appointed a new special committee to consider expelling him from the House of Representatives.

The Special Committee on December 21, 2020 will convene later this week and take up House Resolution 3, which would expel Representative Nearman if approved by two-thirds of the members of the House of Representatives. The resolution notes that staff present in the Capitol that day described the events as “intense and stressful,” “terrifying,” and “distressing.”

On December 21, 2020, when legislators were meeting in a special session to consider legislation to respond to the COVID-19 pandemic, Representative Nearman opened a door to allow a group of rioters without masks into the Oregon State Capitol. The rioters, some of whom were armed, violently clashed with police and damaged property. Representative Nearman returned through a separate door six minutes later.

The new video, first reported last Friday by Oregon Public Broadcasting, reveals Representative Nearman coordinated the breach by giving out his phone number at an event and instructing attendees on how they could break into the Capitol with assistance from someone already inside.

“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,” Speaker Kotek said. “He knowingly put the physical safety of everyone in the Capitol – lawmakers, staff and law enforcement – in jeopardy. As we saw in January at the U.S. Capitol, the ramifications could have been dire if law enforcement had not stepped in so quickly. This is an unprecedented situation facing the Legislature. It is beyond a workplace conduct issue and must be treated as such.”

The Special Committee on December 21, 2020 will be evenly split between Democrats and Republicans.

• Speaker Pro Tempore Paul Holvey (D-Eugene) - Chair
• House Republican Leader Christine Drazan (R-Canby)
• House Democratic Leader Barbara Smith Warner (D-Portland)
• Representative Daniel Bonham (R-The Dalles)
• Representative Andrea Salinas (D-Lake Oswego)
• Representative Duane Stark (R-Grants Pass)

Representative Nearman has been criminally charged with two misdemeanors for his actions on December 21, specifically first-degree official misconduct and second-degree criminal trespass.

In January, after news outlets published Capitol security camera footage showing Representative Nearman’s actions, Speaker Kotek called for his resignation, stripped him of all committee assignments, and rescinded his commission appointments. She also invoiced Representative Nearman for the costs to fix the damage that resulted when he allowed the rioters to enter the Capitol vestibule. Additionally, immediate safety measures were established to rescind his badge access to the Capitol and require 24 hours’ notice before each time he enters the building.