Whenever a state legislature passes overreaching violations of their constituents' civil liberties, or the federal government attempts to impose unconstitutional gun laws, there is a Constitutional Sheriff who can stand in their way. The power of sheriffs does not outrank the feds or the state, but in practice, theres often little to be done about a sheriff who refuses to enforce laws. Mack was so heavily influenced by the events at Ruby Ridge that he contributed to a book written by Randy Weaver, the white supremacist who provoked the standoff with the government. it has always been accorded with great dignity and high trust" (Scott said reform talks had collapsed because Democrats supported defunding the police, but the FOP and International Association of Chiefs of Police publicly disputed that characterization.) Constitutional sheriffs will continue to confuse personal and political beliefs with constitutionality, using their elected positions as law enforcement officers to pick and choose what laws they will enforce based upon these preferences. Not only did it get him on far-right conspiracist Alex Jones show, but his stance caught the attention of the Constitutional Sheriffs and Peace Officers Association, a far-right, anti-government group that wrongly asserts a sheriffs power supersedes that of state and federal authority. Be a part of it! Thirteen sheriffs, however, went a step beyond merely expressing their displeasure. But the experience hasnt changed his stance. Washington Attorney General Bob Ferguson, meanwhile, wrote a letter that said a county could be held liable if a sheriff, for example, failed to perform a background check for a gun that landed in the hands of a dangerous individual. If the intruder trespasses into this county, they shall be arrested and arraigned. THIS SHALL NOT BE TOLERATED IN SKAGIT COUNTY, https://www.facebook.com/groups/398181945263311/, Elect Kevin Ewing For Constitutional Sheriff of Skagit County. Article 11, 5 of the Washington State Constitution denotes "The sheriff" is the chief executive officer and conservator of the peace of the county. Given that Mack has called the federal government the greatest threat we face today, it is no surprise that constitutional sheriffs have expressed support for the Jan. 6 insurgents. Because theres not a great way to hold them accountable, other than by not electing them.. The duties of the sheriff, who is a constitutional officer, Article II, section 5 as amended;State v. Melton, 192 Wash. 379, 73 P. (2d) 1334, (1937), have been established by the legislature and appear in chapter 36.28 RCW. "Federal and state can be stopped by the power and authority of the sheriff." According to Cloee Cooper, Watts and his fellow "constitutional sheriffs" belong to the far-right Patriot Movement - a broad coalition that includes militias like the Oath Keepers and Three Percenters. Although many of the measures are legally toothless, if they are used in conjunction with constitutional sheriffs refusing to carry out their law enforcement authority, or assuming jurisdiction over state or federal agents, it creates a challenge to the U.S. rule of law itself. If they are going to start shooting, its going to be women that are going to be televised all across the world getting shot by these rogue federal officers., In 2018, Mack attended RidersUSAs fifth annual Second Amendment event. Michael Peroutka, a neo-Confederate, Christian Reconstructionist anti-LGBTQ activist who was the Constitution Party's presidential candidate in 2004. In 2013, CSPOA publicly distributed a list with the names of over 400 county sheriffs making the claim that these particular sheriffs would not enforce any new gun laws. Its not just worrisome because they may decide not to enforce laws they disagree with. I dont care if its George Washington himself, they cannot tell us what to do., The group justifies this by declaring that constitutional sheriffs are upholding and defending the constitution.. 309. The "constitutional sheriffs" movement, which has ties to the Oath Keepers and other antigovernment fringe movements, is based on the legally dubious belief that sheriffs are the ultimate law enforcement authority within their counties, superseding state and federal officials, including the U.S. president. The sheriff's protection starts when he tells the intruder, "by the power vested in me by the Constitutions of the United States and the State of Washington, you are noticed you will not be admitted into this county. These entities do not have jurisdiction in Skagit county, Therefore, before they may enter Skagit county they must have a contract or an invitation from the sheriff. I will follow the rule of law, Klickitat County Sheriff Bob Songer said at the time, when I believe its constitutional.. Other Washington sheriffs and candidates have similar beliefs, even if they arent members of the Constitutional Sheriffs and Peace Officers Association like Songer. For Songer, it was a tipping point. To better This joining together of the Posse Comitatus founder William Potter Gale was a self-ordained minister who called on sheriffs to supersede federal agencies and serve as quasi-vigilantes, primarily to resist school desegregation. Thousands violate unconstitutional Washington state gun law. This movement picked up exponentially after the shooting at Marjorie Stoneman Douglas High School in Parkland, Florida, on Feb. 14, 2018, along with the sheriffs involvement. The protection of these rights come under the jurisdiction of the county Constitutional Sheriff. The power of sheriffs does not outrank that of the feds or the state, but in practice, theres often little to be done about a sheriff who refuses to enforce laws. Constitutionalist sheriffs in charge: Constitutionalist sheriffs believe that the Constitution appoints sheriffs as the ultimate law enforcement authority, even above the federal government.The . Elections are the best way to hold people accountable, she said. Nowhere does there appear any specific mandate to the sheriff to investigate criminal charges. Some members who are on horseback are meant to attend crime scenes and searches, as well as hunt their countys cougar population. Sheriffs closer to the mainstream have also played a role in undermining police accountability. Never been convicted of a felony (with a few caveats). Boosted by the pandemic, constitutional sheriffs are a political force. State v. McCarty, 104 Kans. "The bottom line is that we have Constitutional duties with our oath of office," Lincoln County Sheriff Wade Magers told Sheriff Myers is an active member. Richard Mack, the founder of the Constitutional Sheriffs and Peace Officers Association and a former board member of the Oath Keepers, speaks at a 2020 event in Nevada alongside several sheriffs. And just like that, an extremist, once-fringe movement significantly constrained law enforcement oversight for an entire state. A similar result was reached in State v. Reichman, 135 Tenn. 685, 188 S.W. 1 goal is to protect and serve and enforce the laws of the state, Morrison said. The Constitutional Sheriffs and Peace Officers Association was founded in 2011 by Richard Mack, a former sheriff in Arizona who believes the greatest threat we face, as a nation, is our own federal government. The organization was opposed to the Obama administrations gun initiatives and promised its members wouldnt enforce policies they thought violated the Constitution. Songer has said posse members are meant to be trained witnesses. The concept of the constitutional sheriff is a subset of the larger antigovernment movement. Sheriffs in a dozen Washington counties say they won't enforce the state's sweeping new restrictions on semi-automatic rifles until the courts decide whether they are constitutional. But legislators caved to Virginia Sheriffs Association assertions that the new oversight could not apply to sheriffs because sheriffs are elected constitutional officers.. Instead, hed rather educate the public about what he calls the far-right agenda and hope voters make the right decision. Bushmans network also syndicates the white nationalist radio show Political Cesspool, hosted by James Edwards and Keith Alexander, which has invited numerous guests from the white nationalist and neo-confederate movements. And here in Washington state, weve got some bad guys in government.. Klickitat County Sheriff Bob Songer is a member of the Constitutional Sheriffs and Peace Officers Association, a far-right, anti-government group that wrongly asserts a sheriffs power supersedes that of state and federal authority. While only about 300 of more than 3,000 sheriffs in the country are official members of the Constitutional Sheriffs and Peace Officers Association, nearly half of sheriffs nationwide who responded to a survey by The Marshall Project said they believe their power outranks federal or state government in their county. Theyve sort of cobbled together this theory based on authorities that dont really do what theyre claiming that they do.. Much of this distrust by the antigovernment movement was built around the federal governments response to the Weavers of Ruby Ridge, Idaho, and the Branch Davidians in Waco, Texas. "As an elected sheriff and a constitutional sheriff, I believe it violates the Second Amendment of the U.S. Constitution," he says, "and, more specifically, violates the Washington state . Songer, along with Snohomish County Sheriff Adam Fortney and others, refused to enforce state COVID mandates. Klickitat County Sheriff, Bob Songer, Republic police chief Loren Culp, and Ferry County Sheriff Ray Maycumber are among those who have publicly vowed not to enforce the new unconstitutional gun laws. To provide a centralized body through which prompt Plaintiffs claim the Indian Child Welfare Act and the Indian Gaming Regulatory Act are racially discriminatory against non-Indigenous people. Sheriffs resisting police reform efforts, whether or not they are part of the constitutional sheriff movement, have cited its false tenets. Nevertheless the rule laid down is that the sheriff must use initiative in discovering violations and must follow up information received from responsible sources. For instance, as the Center for Public Integrity reported at length in 2016, these sheriffs have refused to enforce state gun regulations, federal land-use rules and Internal Revenue Service . These sheriffs base this claim to power on their oath to uphold the Constitution. For Songer, it was a tipping point. This idea was pioneered by Christian identity minister William Potter Gale in the 1970s as Posse Comitatus, which is Latin for the power of the county. Association. In 2021, Mack went on the ARISE USA Tour hosted by late antisemitic conspiracy theorist Robert David Steele. Though constitutional sheriffs' groups had been on . The Constitutional Sheriff spans this chasm between you and the miscreants that would rob you of these inalienable rights. Constitutional sheriffs resurfaced as a political group around 2014 in the wake of the Tea Party and gained more support as the alt-right rose to prominence with the election of Donald Trump. At some point if you end up with a corrupt government, if somebody is doing something that you believe is not constitutional, thats where the sheriff has not just the right, but a duty to intervene and uphold those laws, Burnett said in an interview. By SHANNON NAJMABADI, The Colorado Sun. Gov. This office has not rendered any prior opinions on this matter. For one, the word sheriff doesnt appear in the U.S. Constitution. The office of sheriff carries with it all its common law powers and duties except as modified by the constitution and statutes. More recently, Mack and the association have been focused on resisting COVID mandates and encouraging sheriffs to investigate unfounded conspiracies about the 2020 election. [6] And the Constitution devotes more words to setting out Congress's and the States' powers with respect to the Militia than it does to setting out Congress's powers with respect to the Army and the Navy, thereby attesting to the . Your guarantee of this protection is insured by his oath to uphold the Constitution of our nation and state. Every Sheriff and Commonwealth Attorney in Virginia will see the consequences if our General Assembly passes further unnecessary gun restrictions, Jenkins said. Out of 39 counties in Washington, 17 current sheriffs endorsed Songer. The Constitutional Sheriffs and Peace Officers Association (CSPOA), an organization that subscribes to the view that sheriffs are the supreme power in their counties and that the power of the sheriff "even supersedes the powers of the President," 3 Const. Constitutional Sheriff Scott Jenkins of Culpeper, Virginia, said he would deputize the citizens in his county if gun control laws were passed. If the local government of this county attempts to rob or violate your constitutional rights, The Constitutional Sheriff shall convene a Grand Jury to hear the charges and upon indictment the elected county official shall be arrested and stand trial for violating their oath of office. What happened after the Jan. 6 confrontation in Olympia? Higley, AZ, SPLC is a nonprofit, tax-exempt 501(c)(3) organization (EIN: 63-0598743), Local Policing and Immigration Enforcement, Request for Legal Assistance Economic Justice, mass shooting at an Aurora, Colorado, movie theater, Sandy Hook Elementary School in Newtown, Connecticut, shooting at Marjorie Stoneman Douglas High School, openly defied his governors stay-at-home orders, were actually attempting a legal citizens arrest, antisemitic conspiracy theorist Robert David Steele. Of those who responded, several expressed their belief that their power was greater than federal or state authority, even if they sometimes found Mack extreme. This included Red Pill Expo, a whos who of antigovernment figures hosted by well-known conspiracy theorist G. Edward Griffin, a QAnon sovereign citizen rally in Hawaii, the Rod of Iron Ministries Freedom Festival and the Arise USA tour, hosted by the late antisemitic conspiracy theorist Robert David Steele where Mack was a speaker and CSPOAs name was emblazoned on the side of the tour bus. They Just Proposed an Extreme Ban. Bhattacharyya, too, has mixed feelings about appointed sheriffs. Of particular concern are the self-styled constitutional sheriffs an increasingly influential subset of sheriffs who are subverting not only reform efforts but also core democratic principles. This issue became more evident in 2021 when constitutional sheriffs, including CSPOA, began to oppose state and federal COVID-19 health. In reversing a decree refusing to remove the sheriff, the court held that the duties of the sheriff cannot be performed without some degree of diligence to inform himself of conditions in his county. But while constitutional sheriffs often use this argument, it doesnt hold up to scrutiny, said Bhattacharyy, who has held leadership positions with the U.S. Department of Justice and the Department of the Treasury. Constitutional Duty of the Sheriff - Richard Mack TOTAL STATE SHERIFFS ASSOCIATIONS: 17 Updated 02/22/2014 Note: A statement from a state association does not necessarily mean that every sheriff in the state supports it. Posting photos to his Facebook page with the caption, Riders USA hosted the Protect the 2nd Amendment Rally Today, and I was glad to be with both them and my longtime friends at Oath Keepers.. Whether either court would have upheld an order of removal had the nonfeasance consisted of failure to investigate merely one or a few alleged violations of which the sheriff had been informed, of course, is doubtful. Nowhere does there appear any specific mandate to the sheriff to investigate criminal charges. Constitutional sheriffs assert they have the power not only to enforce the law but to be the ultimate arbiters of what the law is in their counties. Kitsap County Sheriff John Gese also rejected Macks ideology. The Constitutional Sheriffs and Peace Officers Association (CSPOA), a network of local law enforcement founded in . His ideas went on to influence sovereign citizens and militia . In Washington, a sheriff can be removed through a recall process just like any other elected politician, but recall efforts are typically unsuccessful. Washington: DC: Monday . When the group of Washington sheriffs defied the state gun laws in 2019, Gov. (by CSPOA on Dec 17, 2014) The New American reports: Local media in Olympia, Washington, covered Gavin Seims We Will. "The law enforcement powers held by the sheriff supersede those of any agent, officer, elected official or employee from any level of government when in the jurisdiction of the county," it says. issues of mutual concern. All rights reserved. When asked about this particular act during an interview, Mack expressed that he loved it and said, Lets all follow Newton Countys example. This illustrates the potential danger of these laws. Constitutional Sheriff and Peace Officers National Operations Director Sam Bushman owns Liberty News Radio, which produces his own show Liberty Roundtable, where he has hosted antigovernment figures such as Stewart Rhodes, Scott Bradley of Freedom Rising Sun and members of the John Birch Society. * Clicking the button will open a new tab. Schneider. Whereas Supreme Court justices are often fervent legal scholars, the Montgomery County, Texas, sheriffs office, which held a constitutional sheriff event in February 2021, requires their sheriff to be: There is no requirement that a sheriff reads or understands the Constitution. To be a unified voice addressing local, state, and Other sheriffs or candidates for the office may not believe their authority is that powerful but are still willing to disregard a law based on its perceived constitutionality. The Washington State Sheriffs Association's letter said sheriffs are responsible for two tasks. It is estimated that movement has about 10,000 supporters, including 3,000 sheriffs. Washington state recently introduced bills for some of the strictest gun laws in the country but they have some very important opponents: the sheriffs. Franklin County sheriff candidate Chris Turner, for example, said he believes the elected sheriff has greater authority than the federal or state government. Supporter of Constitutional Sheriffs Article 11, 5 of Washington State. Throughout 2021, CSPOA held seminars and trainings meant to radicalize the sheriffs into believing they have ultimate U.S. law enforcement authority and are, as CSPOA presents it to them through online and in-person presentations, Americas last hope.. knowledge, within their respective jurisdictions. She says the name of the sheriff's group is designed . A Minnesota case,In re Olson, 211 Minn. 114, 300 N.W. Jay Inslee because it is "inconsistent with Article I, Section 24 of the Washington State Constitution. King County recently made the sheriff an appointed position instead of an elected one. In 2019, they awarded Songer the Washington State Constitutional Sheriff of the Year Award. The AGs office did not return a message seeking comment for this article. Constitutional sheriff Dar Leaf of Barry County, Michigan, openly defied his governors stay-at-home orders as did constitutional sheriff Mike Carpinelli of Lewis County, New York. So much for prime time. Of course, if the situation should arise in which a sheriff had committed a misdemeanor such as set out in RCW 36.28.140, or misconduct as set out in chapter 42.20 RCW, it would then become the duty of the county prosecuting attorney to prosecute the action in behalf of the county and the state, but this authority can be exercised only in respect to prior action or inaction of the sheriff and cannot be used prospectively to move the sheriff to any action. They announced they would defy the new gun laws because, in their interpretation, it violated the U.S. Constitution. Songer has been a prominent voice for Macks group after Mack celebrated his stance on Washingtons gun laws. This joining together of the Sheriffs has allowed the . 307, 179 Pac. Mark Lamb, the 49-year-old sheriff of Pinal County, Ariz. who years ago signed Mack's association's pledge to be a constitutional sheriff created a nonprofit coalition of sheriffs this . We rely on donations from readers like you to sustain Crosscut's in-depth reporting on issues critical to the PNW. That year, Mack shared their strategy with Fox News: We were actually strategizing to put all the women and children up front. King County recently made the sheriff an appointed position instead of an elected one. Sheriffs across the state are predictably opposed to such a move, but even those most concerned with rogue constitutional sheriffs dont love that idea. In a recent webinar with Mack, Songer said that the association naming him the Constitutional Sheriff of the Year was an eye-opener regarding his duties as sheriff. For example, as Congress worked toward federal police reform legislation this year, Democratic negotiators made substantial compromises to get major organizations, including the Fraternal Order of Police, on board. 3060 Willamette Drive, NE #200. 225 (1916). Leaf invoked posse comitatus in a Facebook post on Aug. 2, 2021, declaring that a sheriffs posse was necessary to suppress rioting. Its virtually the same as the oath that every other government officer takes, said Bhattacharyy. This article was published more than1 year ago. You also inquire to what extent a prosecuting attorney can compel a county sheriff to investigate and secure evidence to support a criminal charge, both prior and after the time of filing an information. In 2014 he argued that the Maryland legislature was no longer a "valid . A statute sheriff is a servant to the Deep State and is in betrayal of their Constitutional oath. Op. 36.28.011 Songer, along with Snohomish County Sheriff Adam Fortney and others, refused to enforce state COVID mandates. In Washington, a sheriff can be removed through a recall process just like any other elected politician, but recall efforts are typically unsuccessful. Bhattacharyya said the worst-case scenario would be if these sheriffs are emboldened to meddle with the elections process. OFFICE HOURS: 8:00 AM - 5:00 PM Monday - Friday Closed Weekends & State Holidays, Washington's Attorneys General - Past and Present, Submitting Your Motor Home Request for Arbitration, Homicide Investigation Tracking System (HITS), Combating Dark Money/Campaign Finance Unit, Student Loans/Debt Adjustment and Collection, Professional Coordination & Communication Work Group, File a Manufactured Housing Dispute Resolution Request Online, Benefits & Protections for Veterans & Military Personnel, Keep Washington Working Act FAQ for Law Enforcement. More sheriffs may become radicalized because of the number of constitutional sheriffs and antigovernment groups intent on evangelizing to sheriffs about constitutional sheriff and conspiracy theory ideologies, which are often related. Jay Inslee accused them of grandstanding. But Inslee didnt do anything else besides tell the Washington State Patrol to enforce the law in those counties. Your guarantee of this protection is insured by his oath to uphold the Constitution of our nation and state. On May 15, 2021, the tour stopped in Lander County, Nevada, where the county commission voted to become CSPOA lifetime members and held a Patriotic Social Gathering. The audience consisted of locals, Nevada constitutional sheriffs, anti-vaccine groups and multiple militias, one with a recruiting booth set up. And the actions he took in recent years are similar to Songers: Burnett said he wouldnt be investigating crimes related to Washingtons new gun laws and he announced he wouldnt enforce COVID-19 masking rules and other mandates. Take the example of Virginia, where in 2020 the state legislature passed a law allowing local governments to establish civilian oversight of police departments. Mack told the Washington Post that about 300 of the nation's 3,000 sheriffs belong to the Constitutional Sheriffs and Peace Officers Association. In 2014, Mack participated in the Bundy standoff against the U.S. government, in Bunkerville, Nevada, alongside his fellow Oath Keepers and additional militias. Beware the extremist, dangerous and unconstitutional constitutional sheriffs, Sign up for a weekly roundup of thought-provoking ideas and debates, 6 things people believe about politics that are totally wrong, Female bodybuilders, big and strong, are still no match for vile men, The Biden documents scandal is a test for the media and an opportunity. A far-right "Constitutional Sheriffs" group has partnered with a vicious antisemite on the Arise USA bus tour to find recruits and woo county sheriffs. 322. About a dozen or more sheriffs, mostly in rural counties, refused to enforce the restrictions against the people, citing that the provisions violated both the federal and state . On the other hand, Burnett is one of the 17 sheriffs to endorse Songer this election cycle. The Center for Public Integrity reported five years ago that Mack had already trained more than 400 sheriffs in how to interpret the Constitution and how to resist authorities and laws that violate it. These numbers are almost certainly higher now and rising: Mack has continued to train, and both Montana and Texas this year approved official training events, led by Mack, to teach constitutional sheriff tenets to law enforcement personnel. OPBs critical reporting and inspiring programs are made possible by the power of member support. In the execution of his office, he and his deputies: (1) Shall arrest and commit to prison all persons who break the peace, or attempt to break it, and all persons guilty of public offenses; (2) Shall defend the county against those who, by riot or otherwise, endanger the public peace or safety; (3) Shall execute the process and orders of the courts of justice or judicial officers, when delivered for that purpose, according to law; (4) Shall execute all warrants delivered for that purpose by other public officers, according to By subscribing, you agree to receive occasional membership emails from Crosscut/Cascade Public Media. When the group of Washington sheriffs defied the state gun laws in 2019, Gov. The job of this specific sheriff is to protect your personal rights against all foreign and domestic threats. In answer to your second question, it appears that a county prosecutor has no authority to compel any act by the sheriff. HE IS ONE OF THE Peers of WE THE PEOPLE! Thats part of my oath, Gese said. Other sheriffs or candidates for the office may not believe their authority is that powerful but are still willing to disregard a law based on its perceived constitutionality. The Constitutional Sheriffs and Peace Officers Association, or CSPOA, spells out this tenet on its website. And with the Nov. 8, 2022, election just around the . That many sheriffs believe they have that power concerns people like Rupa Bhattacharyya, special litigation counsel for the Institute for Constitutional Advocacy and Protection within Georgetown University Law Center. A campaign manager for Clark County sheriff candidate Rey Reynolds responded to InvestigateWests questions with a letter to the editor Reynolds wrote to a local paper in which he said, the sheriff is the ultimate law enforcement authority in a county. The campaign did not respond to follow-up questions aiming to clarify whether he believes sheriffs power supersedes state and federal officials. 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