Vice presidential candidate Gov. Tim Walz chose to wait until the Minnesota legislative session concluded in May before calling for a controversial Democratic lawmaker facing burglary charges to resign, as her vital vote was no longer a factor.

State Sen. Nicole Mitchell from Woodbury was taken into custody at her stepmother’s residence on April 22 and faces felony first-degree burglary charges for allegedly breaking in to retrieve her late father’s ashes and other personal items. Mitchell has refuted the accusations and is working to get her charges dismissed.

The arrest led to the Minnesota Senate stripping Mitchell of her committee roles and participation in caucus gatherings. Republicans quickly insisted that she step down immediately, while Democratic leaders, including Walz, did not act until after the legislative session wrapped up nearly a month later, on May 19.

GOP leaders argue that this incident illustrates how Walz acted in self-interest as governor rather than adhering to ethical standards.

DEMOCRATIC MINNESOTA STATE SENATOR’S OWN PARTY CALLING FOR HER RESIGNATION AFTER BURGLARY CHARGE

Nicole Mitchell booking photo

Democratic state Sen. Nicole Mitchell, 47, was booked into the Becker County Jail on suspicion of first-degree burglary. (Becker County Jail)

“Democrats in Minnesota turned a blind eye to the misconduct of their peers to preserve their power,” Senate Minority Leader Mark Johnson told Fox News Digital in a statement.

“Just as he tried to shift responsibility for nearly a billion dollars in taxpayer funds lost to fraud, Tim Walz will sidestep accountability for what’s right unless it serves his interests and radical agenda. He shouldn’t be VP, as he’ll prioritize his ambitions over what Americans need if he reaches Washington.”

At the time, Democrats held a narrow 34-33 majority, making Mitchell’s vote essential for passing significant legislation. Minnesota Democratic-Farmer-Labor Party Chairman also acknowledged this in his call for her resignation, stating her constituents “had full representation until the legislative session concluded.”

“The Minnesota DFL believes all elected officials must be held accountable, including our own members. While Sen. Mitchell deserves her day in court, her ongoing refusal to accept responsibility for her actions is unbecoming of her office and distracts from her district and the Legislature,” Martin stated in a release on May 30, ten days after the session closed.

“Now that her constituents were fully represented until the end of the legislative session, it’s time for her to resign and focus on her personal and legal challenges.”

911 CALL TRANSCRIPT DETAILS DEMOCRATIC MINNESOTA STATE SENATOR’S ALLEGED BURGLARY AT STEPMOTHER’S HOME

Nicole Mitchell's state Senate photo

Mitchell was elected to represent Minnesota’s Senate District 47 in 2022. (Minnesota State Senate)

Walz expressed to FOX 9 Minneapolis-St. Paul that he concurred with Martin’s statement and believes Mitchell should resign.

In remarks to MPR News, the governor labeled the allegations against Mitchell as “disturbing” and stated that “public servants must be held to a higher standard.”

Republicans criticized the slow response from Democratic leaders during this situation.

“With no new evidence or information regarding the accusations against Sen. Mitchell, this statement from DFL Chair Ken Martin is a clear acknowledgment that Democrats were so eager to advance their highly partisan agenda that they were willing to rely on votes from an alleged burglar,” Johnson commented in response to Martin’s statement.

DEMOCRATIC MINNESOTA STATE SENATOR CLAIMS SHE WAS CHECKING IN ON ILL LOVED ONE DURING ALLEGED BURGLARY

Kamala-Harris-And-Running-Mate-Tim-Walz-Make-First-Appearance-Together-In-Philadelphia

Democratic presidential candidate, U.S. Vice President Kamala Harris and Democratic vice presidential candidate Minnesota Gov. Tim Walz appear on stage together during a campaign event at Girard College on August 6, 2024 in Philadelphia, Pennsylvania. Harris ended weeks of speculation about who her running mate would be, selecting the 60-year-old midwestern governor over other candidates. (Andrew Harnik/Getty Images)

“Democrats exploited their political majority and supported Sen. Mitchell because it served their political ends instead of collaborating for the benefit of Minnesotans. Anyone paying attention anticipated this – now that they no longer require her vote, they are ready to discard her.”

“This unprincipled pursuit of political power is not what the citizens of Minnesota deserve from their representatives.”

The Harris-Walz campaign and Gov. Walz’s office did not respond to inquiries for comment.

As per a criminal complaint, Mitchell admitted to entering through a window and informed investigators that her intent was to retrieve her late father’s ashes, photographs, a flannel shirt, and other sentimental belongings, alleging that her stepmother had ceased communication with her following her father’s passing and had denied her access to these items.

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Mitchell made an appearance before an ethics panel on May 7 but invoked her Fifth Amendment rights and declined to provide testimony.

Mitchell, representing Woodbury, Minnesota, has served District 47 since her election to the state Senate in 2022. She previously worked as a meteorologist for KSTP-TV and Minnesota Public Radio and holds the rank of lieutenant colonel in the Air National Guard.

A hearing for Mitchell’s case has been postponed to August 30 in Becker County District Court, as reported by the Detroit Lakes Tribune.

Fox News Digital’s Stephen Sorace contributed to this report.

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