Days before Rep. Mike Nearman helped protesters breach Capitol, he coached constituents just how he’d help them do it

Just days before Rep. Mike Nearman helped armed protesters enter the closed Oregon Capitol building in December, endangering fellow lawmakers and Capitol employees, he coached constituents on the exact steps to get his help breaking in.

A video shows Nearman, a Republican from outside Independence, walking constituents through the step by step process of where to stand, how to text him and what help he would provide that would allow them to break the rules and get into the Capitol during the Dec. 21 special legislative session.

He does so with a wink and a nod, interspersing the instructions with disclaimers that he’s not giving out a real cell phone number (he is and it’s his number), that he knows nothing about the planned “Operation Hall Pass” and that nothing like that will actually happen.

In fact, exactly what he described did occur, prosecutors and investigators say. Protesters gathered outside the Capitol’s west entrance in obvious protest of the closure, Nearman left the House chambers where lawmakers were gathered doing state business and he walked out a Capitol entrance, leaving the open door hanging long enough for angry citizens to grab it and enter.

The session during which he coached constituents was livestreamed on Dec. 16 and is posted to YouTube under the account of “The Black Conservative Preacher.” Nearman said he was speaking from the office of the Freedom Foundation, a group tied to conservative billionaires that pays Nearman to serve as a senior fellow.

In the video, at the 33 minute mark, Nearman says:

“We’re talking about setting up Operation Hall Pass, which I don’t know anything about and if you accuse me of knowing something about, I’ll deny it. But there would be some person’s cell phone which might be” and he recites a phone number beginning with 971.

“But,” he continues, “that was just random numbers that I screened up. That’s not anybody’s actual cell phone. And if you say ‘I am at the west entrance’ during a session in text to that number there, that somebody might exit that door while you’re standing there.

“But I don’t know anything about that, I don’t have anything to do with that, and if I did, I wouldn’t say that I did. But anyway, the number that I didn’t say was (he repeats it). So don’t text that number. But a number like that. Make sure you say what exit you’re at too.”

A woman off camera asks him to repeat the number.

He continues, “If I were to say a number, it might be something like” and repeats his number again.

“And you’d have to say what entrance you’re at. But that’s not really going to happen, so don’t worry about that … There’s no there there. So anyway, you’re not allowed in the Capitol, so that’s kind of a problem, but that’s where we’re at.”

The door Nearman opened to demonstrators was on the west side of the Capitol, easily accessible from the House floor where Nearman’s colleagues were debating rules for the one-day Dec. 21 special session.

Nearman could not immediately be reached for comment Friday afternoon.

The lawmaker already faces criminal misconduct charges in Marion County for letting violent protesters, some armed with rifles, into the Capitol. An independent investigator hired by the Legislature also just wrapped up a personnel investigation which was released publicly this week. It found that Nearman “more likely than not” intentionally let protesters into the Capitol that morning and that Nearman’s actions likely endangered law enforcement and legislative staff.

The House Committee on Conduct will discuss the personnel report in a virtual meeting starting at 5:30 p.m. Wednesday. Committee members will ultimately decide whether Nearman violated legislative personnel rules and if they conclude that he did, the committee will recommend how the full House should respond.

A number of lawmakers including House Speaker Tina Kotek, D-Portland, have already called for Nearman to resign. Earlier this year, Kotek stripped Nearman of his two committee assignments and rescinded his commission appointments. Nearman also agreed to several terms regarding his work at the Capitol, including giving up his badge to access the building, agreeing not to let any non-authorized person inside and providing 24 hours’ notice before he enters.

House Majority Leader Barbara Smith Warner, D-Portland, is one of the lawmakers who have previously called for Nearman to step down. After news of Nearman’s recorded statements broke on Friday, Smith Warner reiterated her call for his resignation, writing on Twitter: “Didn’t think it could be ANY clearer that Rep. Nearman is a traitor to our state. Resign now or face expulsion.”

Here’s the full constituent meeting on Dec. 16, 2020:

-- Betsy Hammond and Hillary Borrud; [email protected]; [email protected]