Less than 34% of the $2.6 million Iowans have donated to an Iowa sheriffs' group in recent years has been used for the stated purpose of . 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. We rely on donations from readers like you to sustain Crosscut's in-depth reporting on issues critical to the PNW. serve and protect the people of Washington State, and to © 2022 Sheriff Constitutional. Any arguments that these sheriffs have regarding state or local . Bhattacharyya, too, has mixed feelings about appointed sheriffs. Like many so-called "constitutional" sheriffs, Bob Songer defiantly rules Washington State's rural Klickitat County like a personal fiefdom, deferring to no other governing . Sheriffs who refuse to enforce duly enacted state laws are violating their oaths, shirking their duties, trampling on the democratic process, and contravening the separation of powers. Police reform initiatives launched after George Floyds murder have largely overlooked the nations more than 3,000 county sheriffs, most of them elected. along with Snohomish County Sheriff Adam Fortney and others, opposed to the Obama administrations gun initiatives, unfounded conspiracies about the 2020 election, is part of the constitutional sheriffs movement, Employees describe culture of retaliation under Deschutes County Sheriff Shane Nelson, Klickitat Countys sheriff contracted COVID, but still plans to fight pandemic restrictions. CLARK KAUFFMAN Iowa Capital Dispatch. Collins dressed as George Washington for the training. Every Sheriff and Commonwealth Attorney in Virginia will see the consequences if our General Assembly passes further unnecessary gun restrictions, Jenkins said. Elections are the best way to hold people accountable, she said. The group has an advisory board with a host of constitutional sheriffs. Also in the group is Sheriff Tom Hodgson of Bristol County, Massachusetts, who joined CSPOA in 2014 and had his ICE agreement terminated on May 20, 2021 for alleged mistreatment of detainees at the immigrant detention center managed by Hodgson. State v. Melton, supra. It is a federal crime for politician to compromise their oath or sells your unalienable rights or freedom for monetary gain. The Constitutional Law group run by a non-attorney sovereign citizen who spent time during the pandemic offering his services as an attorney to businesses defying COVID-19 health guidelines listed CSPOA as a sponsor on their website and claimed to be working closely with CSPOA. (Klickitat County Sheriffs Office photo). King County recently made the sheriff an appointed position instead of an elected one. [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 . He has previously declared that the greatest threat we face today is not terrorists; it is our own federal government.. 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. For one, the word sheriff doesnt appear in the U.S. Constitution. This issue became more evident in 2021 when constitutional sheriffs, including CSPOA, began to oppose state and federal COVID-19 health. In 2014 he argued that the Maryland legislature was no longer a "valid . The other is focused on the role of the county sheriff, who they believe has ultimate law enforcement authority in the United States. When asked why he believes he has authority to enforce laws based on his own reading of the Constitution, Songer points to his oath of office to uphold the U.S. and state constitutions. It is estimated that movement has about 10,000 supporters, including 3,000 sheriffs. This farcical argument flies in the face of decades of civilian oversight of elected sheriffs. To study emerging common issues and develop responses. The group endeavors to radicalize county sheriffs across America into believing they are the ultimate law enforcement authority, able to enforce, ignore or break state and federal law as they choose. Jay Inslee struck back at Washington state law enforcement officers such Songer in a press conference on April 22, 2020: Whatever talents they have they just are not given the right in our democracy to make a decision about the constitution. The Constitutional Sheriff spans this chasm between you and the miscreants that would rob you of these inalienable rights. And with . 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. The office of sheriff is a constitutional office created by Article 11, 5 of the Washington State Constitution (Amendment 12) which reads in part as follows: "The legislature, by general and uniform laws, shall provide for the election in the several . Elected sheriffs are accountable directly to the Constitution (United States and Washington state, in this case) and to the people. The product of Republican political consultant Nathan Sproul, Protect America Now, incorporated in Phoenix, Arizona, as a domestic non-profit corporation on June 26, 2020. and the United States, the mission of the Washington State Never been convicted of a felony (with a few caveats). Plaintiffs claim the Indian Child Welfare Act and the Indian Gaming Regulatory Act are racially discriminatory against non-Indigenous people. 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. 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. In the county's only incorporated city, Republic, the police . This beloved show is back with more tales from James Herriott and the delightful Yorkshire Dales. While sheriffs have discretion they dont go after every person for jaywalking, for example their oath of office does not give them the authority to pass laws like legislatures or to decide their constitutionality like the courts. The Washington Standard / January 17, 2023. Nowhere does there appear any specific mandate to the sheriff to investigate criminal charges. Follow our team of columnists and reporters who write about the media. (Although even the National Sheriffs Association notes that this oath is taken by every law enforcement officer and confers no special authority on sheriffs.) The job of this specific sheriff is to protect your personal rights against all foreign and domestic threats. While the county sheriff is obligated to investigate alleged violations of the law, the prosecuting attorney has no authority to compel any action by the sheriff. That is a decision we leave to the courts. Sheriff Myers is an active member. This idea was pioneered by Christian identity minister William Potter Gale in the 1970s and described as Posse Comitatus. Kitsap County Sheriff John Gese also rejected Macks ideology. Take the example of Virginia, where in 2020 the state legislature passed a law allowing local governments to establish civilian oversight of police departments. enforcement community. The Constitutional Sheriffs and Peace Officers Association, or CSPOA, spells out this tenet on its website. 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. In 2019, they awarded Songer the Washington State Constitutional Sheriff of the Year Award. Franklin County sheriff candidate Chris Turner, for example, said he believes the elected sheriff has greater authority than the federal or state government. One such case is is Florida, listed below. 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. Gales legacy of linking constitutional sheriffs to other members of the far right has lived on with not only Leaf but also a bevy of current and former sheriffs. Klickitat County Sheriff Bob Songer is a member of the Constitutional Sheriffs and Peace Officers Association, a far-right, anti-government group that wrongly . Counties experiencing rampant disinformation, including conspiracy theories that villainize the government, may be supportive of sheriffs who proclaim that they will not enforce laws they personally interpret as the product of a tyrannical government. 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.. People ask me all the time, Do you believe in enforcing the Constitution? Yes, absolutely. 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. Mack told the Washington Post that about 300 of the nation's 3,000 sheriffs belong to the Constitutional Sheriffs and Peace Officers Association. Its not just worrisome because they may decide not to enforce laws they disagree with. the 39 Sheriffs joined together in 1984 to form this OPBs critical reporting and inspiring programs are made possible by the power of member support. Thousands violate unconstitutional Washington state gun law. Its origins are in the American county supremacy movement, which includes two concepts that often work in tandem. The origins of constitutional sheriff ideology are in the two concepts of the county supremacy movement: the county and not the state or federal governments should control all land within its borders, and the county sheriff is the ultimate law enforcement authority in the U.S. I think its a decision that communities have to make on their own, she said. the provisions of particular statutes; (5) Shall attend the sessions of the courts of record held within the county, and obey their lawful orders or directions; (6) Shall keep and preserve the peace in their respective counties, and quiet and suppress all affrays, riots, unlawful assemblies and insurrections, for which purpose, and for the service of process in civil or criminal cases, and in apprehending or securing any person for felony or breach of the peace, they may call to their aid such persons, or power of their county as they may deem necessary. Jay Inslee because it is "inconsistent with Article I, Section 24 of the Washington State Constitution. Constitutional Sheriff Scott Jenkins of Culpeper, Virginia, said he would deputize the citizens in his county if gun control laws were passed. Other Washington sheriffs and candidates have similar beliefs, even if they arent members of the Constitutional Sheriffs and Peace Officers Association like Songer. enforcement officers, and their respective agencies in times Michael Peroutka, a neo-Confederate, Christian Reconstructionist anti-LGBTQ activist who was the Constitution Party's presidential candidate in 2004. Citizens could either volunteer or be called up by their county sheriff, who Gale believed was the only legal law enforcement officer in the country. And it is completely on brand that the 2016 CSPOA sheriff of the year tried to recruit other constitutional sheriffs to help him seize Dominion voting machines in 2020. Joe Harris, running for sheriff in Grant County, said in an interview that if there were a state or federal law that he didnt think was constitutional, then he would not enforce it. We spoke with constitutional lawyer Jeffery Needle about the letter. Wildlife. In May, the group listed Songer as a sheriff committed to investigating election fraud and quoted Songer saying he was convinced there was widespread voter fraud in the 2020 election after seeing the widely debunked film 2000 Mules.. cooperation may be had with other public officials and InvestigateWest. One constitutional sheriff in Nevada went viral in 2019 for comparing gun control to Nazi Germany. It appears that, as one state official told me, the Virginia lawmakers just did not want to take on a political battle with sheriffs known to be a combative bunch. His ideas went on to influence sovereign citizens and militia . 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. Klickitat County Sheriff Bob Songer has in recent years embodied the Constitutional Sheriff movement. Association. 309. The office of sheriff carries with it all its common law powers and duties except as modified by the constitution and statutes. Because theres not a great way to hold them accountable, other than by not electing them.. People ask me all the time, Do you believe in enforcing the Constitution? Yes, absolutely. Some of the sheriffs who declined to enforce these laws are constitutional sheriffs. To protect communities from abusive policing and our democracy from extremists within law enforcement, we must push back on assertions by sheriffs that they are above the law. 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.. The County Sheriff has the authority to ban the admission of any government or corporate persons that would enter our county with the intent to rob you of any of your God given or Constitutionally guaranteed rights or freedom. WA Democrats hid messages on Chinese American History Month bill, Out & Back: A Portland club counters the racism of runnings hometown, Parasites are vanishing from WA waters. But a Spokane civil rights attorney is concerned the letter suggests sheriffs have powers beyond their roles as local law enforcers. 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. To improve public awareness of criminal justice issues. 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. RCW Distinct from Sheriffs, the Militia are explicitly incorporated within the Constitution of the United States. But legislators caved to Virginia Sheriffs Association assertions that the new oversight could not apply to sheriffs because sheriffs are elected constitutional officers.. When asked why he believes he has authority to enforce laws based on his own reading of the Constitution, Songer points to his oath of office to uphold the U.S. and state constitutions. 3060 Willamette Drive, NE #200. Mack has been associated with a long list of extremists. Multiple county sheriffs wrote the language for or publicly supported these laws. 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. 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. 2023 Cascade Public Media. Duty to make complaint. Your guarantee of this protection is insured by his oath to uphold the Constitution of our nation and state. Its virtually the same as the oath that every other government officer takes, said Bhattacharyya. And executive officials are obligated to enforce those laws unless and until they are repealed or a court . In 2021, Mack went on the ARISE USA Tour hosted by late antisemitic conspiracy theorist Robert David Steele. / November 7, 2022. 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. 36.28.011 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. Carpinelli says at the end of the day, its about respecting each other and each others boundaries when it comes to concerns about the virus. Lamb was also a confirmed speaker at sovereign citizen group RidersUSAs seventh annual Second Amendment event, which was held in Phoenix, Arizona, on Feb. 15, 2020. To be a unified voice addressing local, state, and The sheriff is the chief executive officer and conservator of the peace of the county. In order to improve and provide effective service and protection to all citizens of Washington, Since then, the so-called "constitutional sheriff" movement has grown in Washington. In recent months, a group of self-proclaimed "constitutional sheriffs" in Washington state has . It certainly means passing laws that make sheriffs just as accountable to democratic governance as any other law enforcement officer. "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. O n Sept. 11, 2020, the same day the Federal Bureau of Investigation released a statement dismissing rumors that leftist activists were starting wildfires in Oregon, a sheriff in Washington state . The far-right ideology promoted by Mack and Songer is expressed by a disturbingly large number of sheriffs, said Devin Burghart, executive director of the Institute for Research and Education on Human Rights, a Seattle-based nonprofit thats studied the movement. To provide a centralized body through which prompt 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. About 10,000 citizens have also joined. In Snohomish County, efforts to recall Sheriff Fortney over his refusal to enforce pandemic restrictions failed. Already, 2020 election deniers are recruiting county sheriffs to more closely watch over future elections. Noah Oppenheim stepping aside as president of NBC News, including state governors and the president, refuse to enforce a range of public safety laws, anti-government, militia-supporting Oath Keepers, Constitutional Sheriffs and Peace Officers Association, longtime board member of the Oath Keepers, official training events, led by Mack, to teach, Virginia Sheriffs Association assertions, have also played a role in undermining police accountability, our democracy from extremists within law enforcement, electoral process has not been effective at holding sheriffs accountable. Kitsap County Sheriff John Gese also rejected Macks ideology. The origins of constitutional sheriff ideology are in the two concepts of the county supremacy movement: the county and not the state or federal governments should control all land within its borders, and the county sheriff is the ultimate law enforcement authority in the U.S. As Mack tells it, he said the federal Government could not tell him what to do; that they were not his boss.. (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.) Others who took this step were spurred on and recruited by antigovernment extremists who spent 2021 exploiting the pandemic for their own ideological purposes, most notably the Constitutional Sheriffs and Peace Officers Association (CSPOA). The Anti-Defamation League considers the organization an anti-government extremist group., Songer has been a prominent voice for Macks group after Mack celebrated his stance on Washingtons gun laws. The conclusions reached are that the sheriff is obligated to investigate alleged violations of the law but that the prosecuting attorney has no authority to compel any action on the part of the sheriff other than by the indirect method of prosecution for perpetration of crime by the sheriff himself. On Apr. These few, vocal sheriffs who have gone a little bit rogue are very concerning, she said. Many of them have equated government-enacted health guidelines regarding masks and vaccines with tyranny. The oath that sheriffs take is not unique. In Chelan County, Sheriff Brian Burnett said its kind of a fine line. Burnett, who is also the president of the Washington State Sheriffs Association, said hes attended speeches by Mack but that Burnett didnt agree with the total philosophy. Sheriffs, Burnett conceded, dont make laws and arent interpreters of the law. Richard Mack has built a "Constitutional sheriff" movement to resist state and federal authority on guns, COVID-19 and now election results. Though constitutional sheriffs' groups had been on . 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. One is that county government should have control of all the land within its borders, taking this power away from the state and federal government. All Rights Reserved. On the other hand, Burnett is one of the 17 sheriffs to endorse Songer this election cycle. Songer, along with Snohomish County Sheriff Adam Fortney and others, refused to enforce state COVID mandates. Other Washington sheriffs and candidates have similar beliefs even if they arent members of the Constitutional Sheriffs and Peace Officers Association like Songer. In March 2011, for example, New Hampshire sheriff Christopher Conley who was listed as a member of the council of the Constitutional Sheriffs and Peace Officers Association from November 2012 . Schneider. The COVID-19 crisis has spurred a growth in constitutional sheriffs across the country. Instead, hed rather educate the public about what he calls the far-right agenda and hope voters make the right decision. Visit invw.org/newsletters to sign up for weekly updates. And here in Washington state, weve got some bad guys in government.. Listen to the Story, Saving Skagit County. For one, the word sheriff doesnt appear in the U.S. Constitution. County Sheriffs in Illinois are defying the unconstitutional actions of the state. "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 . The Constitutional Sheriffs and Peace Officers Association (CSPOA) is an anti-government extremist group whose primary purpose is to recruit sheriffs into the anti-government "patriot" movement. 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. If their assertion brings to mind the anti-government, militia-supporting Oath Keepers organization, you are on the right track. . And with the Nov. 8, 2022, election just around the . Despite their effort to usurp the role of the Supreme Court, Mack has spent many hours praising the court for its decision in the case Printz v. United States, which made him a quasi-celebrity among antigovernment extremists. 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. 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. When the sheriffs could not be persuaded that was that. The fringe ideology of "constitutional sheriffs" is attracting believers within Texas law enforcement. Rogue are very concerning, she said doesnt appear in the U.S..... City, Republic, the militia are explicitly incorporated within the Constitution ( United States as modified by Constitution! 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