To better Mack told the Washington Post that about 300 of the nation's 3,000 sheriffs belong to the Constitutional Sheriffs and Peace Officers Association. The Constitutional Sheriff is a judicial officer, that "shall be elected by the qualified voters of their respective counties for a term of four years and shall have such qualifications . To be a unified voice addressing local, state, and About 10,000 citizens have also joined. On the other hand, Burnett is one of the 17 sheriffs to endorse Songer this election cycle. 1 goal is to protect and serve and enforce the laws of the state, Morrison said. Hall. In Snohomish County, efforts to recall Sheriff Fortney over his refusal to enforce pandemic restrictions failed. 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. State v. Melton, supra. Wildlife. While only about 300 out 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. What Is A Constitutional Sheriff? This joining together of the 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. InvestigateWest reached out to each sheriff candidate in Washington hoping to clarify how they view a sheriffs authority. He has previously declared that the greatest threat we face today is not terrorists; it is our own federal government.. (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.) When the group of Washington sheriffs defied the state gun laws in 2019, Gov. 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. The spread of the "constitutional sheriffs" movementwhich claims that local county sheriffs are the supreme law of the land, capable of overruling federal and state laws, as well as prohibiting federal and state agencies from enforcing themthroughout rural American sheriff's offices has often seemed like a quaint but localized problem: Sure, having set themselves up as laws unto . Though constitutional sheriffs' groups had been on . Elections are the best way to hold people accountable, she said. Henry Lamont Mike Beach of Oregon is alleged to have stolen Gales writings and used them to start a national Sheriffs Posse Comitatus organization, which claimed the federal government overstepped their authority under the constitution and the posse could remove them from office and hang them. Sheriffs have some discretion when enforcing laws, but they do not have the power to decide what is constitutional like the judicial branch. 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. A Minnesota case,In re Olson, 211 Minn. 114, 300 N.W. The refusal of law enforcement officers to enforce the new restrictions plays into a longer history of so-called "constitutional" sheriffs resisting the gradual tightening of gun laws . "In my 30 years in law enforcement, I have never seen a bill passed like this, and signed into law that was on his face, so unconstitutional." Sheriffs have a lot of power, but ruling a law . We promise they will not leave the same, CSPOAs leader former sheriff Richard Mack said of the event during a Feb. 23 interview on the right-wing online show American Journal that was rebroadcast to Infowars. Illinois sheriffs who are refusing to enforce the state's new gun-control law are engaged in "political grandstanding" and are endangering the lives of residents, Democratic Governor J.B. Pritzker's office said on Monday.. Last week, Pritzker signed the Protect Illinois Communities Act, which prohibits the possession of semi-automatic rifles such as the AR-15 and paves the way for . This farcical argument flies in the face of decades of civilian oversight of elected sheriffs. 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. "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 . (by CSPOA on Dec 17, 2014) The New American reports: "Local media in Olympia, Washington, covered Gavin Seim's "We Will. Sign up to get important news and culture from around the Northwest, delivered to your inbox six days a week. In order to improve and provide effective service and protection to all citizens of Washington, shall be the duty of all sheriffs to make complaint of all 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. His ideas went on to influence sovereign citizens and militia . Recent events have shown that local and federal politicians are eager to . Sheriffs closer to the mainstream have also played a role in undermining police accountability. Thats part of my oath, Gese said. They were also pivotal to the formation of the modern constitutional sheriff, militia and sovereign citizen movements, all of whom distrust or detest the government. 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. What happened after the Jan. 6 confrontation in Olympia? He also held a spot on the board of directors of the nationwide Oath Keepers militia group until 2015. The Constitutional Sheriff spans this chasm between you and the miscreants that would rob you of these inalienable rights. InvestigateWest. The job of this specific sheriff is to protect your personal rights against all foreign and domestic threats. These few, vocal sheriffs who have gone a little bit rogue are very concerning, she said. People ask me all the time, Do you believe in enforcing the Constitution? Yes, absolutely. The CSPOA urges local sheriffs to resist "tyranny" by state and federal governments, which in the group's reckoning includes regulation of federal lands, gun control, and pandemic-related public health rules like mask mandates. And with . It was attended by the Proud Boys and anti-immigrant group AZ Patriots. 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. 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. For one, the word sheriff doesnt appear in the U.S. Constitution. [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 . Kitsap County Sheriff John Gese also rejected Macks ideology. enforcement community. The case was brought by Mack and Ravalli County Sheriff/Coroner Jay Printz, who argued against a provision of the Brady Handgun Violence Prevention Act, which would have required Chief Law Enforcement Agents to conduct background checks until a national system was implemented. The group has an advisory board with a host of constitutional sheriffs. In 2019, they awarded Songer the Washington State Constitutional Sheriff of the Year Award. 225 (1916). Yet there is an urgent need to address how sheriffs are increasingly undermining law enforcement accountability and distorting public policy more broadly. The Supreme Court sided with Mack and Printz on June 27, 1997, determining that the Constitution did not impel state officers to carry out federal duties without their consent. The Washington State Sheriffs' Association has posted an open letter, appearing on the Facebook pages of several county sheriff's offices, stating its opposition to the gun control legislation proposed by Democrat Gov. 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. Never been convicted of a felony (with a few caveats). 1 goal is to protect and serve and enforce the laws of the state, Morrison said. knowledge, within their respective jurisdictions. 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. To study emerging common issues and develop responses. In 2014 he argued that the Maryland legislature was no longer a "valid . There are not a lot of formal consequences, because theyre elected, Bhattacharyya said. Four years ago, many of Washington states sheriffs were unhappy with a voter-approved gun safety law that required stronger background checks and raised the age to buy a semi-automatic rifle. Around the same time, county officials began passing Second Amendment sanctuary legislation, most of which affirmed that additional state and federal gun control laws would not be enforced by the county. In that time, the sheriffs own employees have filed at least 25 complaints against him and the office, portraying a law enforcement agency where women are sidelined and intimidation is routine. The seeds for this type of dissent by some Eastern Washington sheriffs began last year with the passing of I-1639, which greatly restricted firearms rights in the state. It is estimated that movement has about 10,000 supporters, including 3,000 sheriffs. Jay Inslee because it is "inconsistent with Article I, Section 24 of the Washington State Constitution. This idea was pioneered by Christian identity minister William Potter Gale in the 1970's and Gov. In order to improve and provide effective service and protection to all citizens of Washington, the 39 Sheriffs joined together in 1984 to form this Association. For the interim at least, Illinois citizens living in counties represented by these Constitution-minded sheriffs, will have at least some protection against the governor and the Democrat-controlled state legislature's anti-firearms agenda. Over three dozen sheriffs attended an event hosted by CSPOA and the Montgomery County Sheriffs Office in The Woodlands, Texas, from Feb. 26-27, 2021. DENVER (AP) More than a dozen candidates campaigning to be top . 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. Franklin County sheriff candidate Chris Turner, for example, said he believes the elected sheriff has greater authority than the federal or state 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. On Apr. 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. cspoa. Bhattacharyya, too, has mixed feelings about appointed sheriffs. Hoping to quell their constituents' fears, the Washington State Sheriffs' Association put out a statement last week affirming their commitment to uphold the Constitution - specifically, the Second Amendment. Nevertheless the rule laid down is that the sheriff must use initiative in discovering violations and must follow up information received from responsible sources. 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. The COVID-19 crisis has spurred a growth in constitutional sheriffs across the country. I will follow the rule of law, Klickitat County Sheriff Bob Songer said at the time, when I believe its constitutional.. A new national constitutional sheriffs group also emerged in 2021. InvestigateWest reached out to each sheriff candidate in Washington hoping to clarify how they view a sheriffs authority. 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 . So much for prime time. In Washington, a sheriff can be removed through a recall process just like any other elected politician, but recall efforts are typically unsuccessful. Led by Richard Mack, the CSPOA increasingly seeks out law enforcement audiences, billing his extremist events as "trainings." In a disturbing development, in 2021, Mack was able to win official . 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. Because sheriffs have the power to detain people, they often play a role in immigration enforcement. I will follow the rule of law, Klickitat County Sheriff Bob Songer said at the time, when I believe its constitutional.. By subscribing, you agree to receive occasional membership emails from Crosscut/Cascade Public Media. Police reform initiatives launched after George Floyds murder have largely overlooked the nations more than 3,000 county sheriffs, most of them elected. 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 . Some of the sheriffs who declined to enforce these laws are constitutional sheriffs. 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. / November 7, 2022. the chief law enforcement officers of their respective counties. As gun laws throughout the west have gradually . 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. Constitutional sheriffs and the CSPOA were involved in many of these efforts, using gun control to further their own agendas of radicalization and recruitment. 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. 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. Many of them have equated government-enacted health guidelines regarding masks and vaccines with tyranny. In recent months, a group of self-proclaimed "constitutional sheriffs" in Washington state has . 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. This statement was voted on and approved by a majority of the sheriffs in the . The sheriff in defense denied knowledge of widespread gambling violations although responsible citizens had informed him by letter of alleged violations. My No. The defiance of the sheriffs is an act of interposition and a demonstration of the lesser magistrate doctrine. In Snohomish County, efforts to recall Sheriff Fortney over his refusal to enforce pandemic restrictions failed. 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. First elected in 2016, Williams is part of the growing "constitutional sheriff" movement, which claims that sheriffs have the power to override federal and state authority on matters from border . 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. Elections are the best way to hold people accountable, she said. 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. I dont think thats the right tool, Burghart said. For Songer, it was a tipping point. And with the Election Day just around the corner, candidates for sheriff in Washington are increasingly touting their constitutional sheriff credentials, with many believing that they have the ultimate authority to decide what is constitutional and to enforce the law accordingly. 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. 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. Supporter of Constitutional Sheriffs Article 11, 5 of Washington State. The office of sheriff carries with it all its common law powers and duties except as modified by the constitution and statutes. 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. 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. It certainly means passing laws that make sheriffs just as accountable to democratic governance as any other law enforcement officer. A similar result was reached in State v. Reichman, 135 Tenn. 685, 188 S.W. The AGs office did not return a message seeking comment for this article. CSPOA is an extremist group which espouses similar rhetoric to Gale and Beach. This idea was pioneered by Christian identity minister William Potter Gale in the 1970s and described as Posse Comitatus. Since the 2021 attack on the capitol campus, security has increased, two people have faced prosecution and reporters continue to feel the shock. The prosecuting attorney and the sheriff are both constitutional, popularly elected officers whose spheres of authority, while springing from the same source, are separate and distinct. And just like that, an extremist, once-fringe movement significantly constrained law enforcement oversight for an entire state. The fringe ideology of "constitutional sheriffs" is attracting believers within Texas law enforcement. 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. 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. And here in Washington state, weve got some bad guys in government.. To people like Michael German, a former FBI special agent who embedded with militias and is . Boosted by the pandemic, constitutional sheriffs are a political force. This . 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. 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. 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. 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. a one-time candidate for Dallas County sheriff, is the Texas State Director . violations of the criminal law, which shall come to their For Songer, it was a tipping point. That may mean changing state laws so that sheriffs are appointed rather than elected, because appointed officials can be more quickly removed for extremist behavior, and the electoral process has not been effective at holding sheriffs accountable. Sheriff Myers is an active member. Other sheriffs, however, took a strong stance against the idea that sheriffs have unilateral authority when reached by InvestigateWest. The Constitutional Sheriffs and Peace Officers Association, or CSPOA, spells out this tenet on its website. Its virtually the same as the oath that every other government officer takes, said Bhattacharyy. Any oath taking official that violates their oath of office and enters this county without my permission shall be lawfully arrested! Furthermore, any treasonous acts attempted IN OUR COUNTY will be prosecuted! Multiple county sheriffs wrote the language for or publicly supported these laws. Klickitat County Sheriff Bob Songer has in recent years embodied the Constitutional Sheriff movement. The Washington State Sheriffs Association's letter said sheriffs are responsible for two tasks. 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. Foxs 5 p.m. chat fest is the new king of cable news. 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. These sheriffs base this claim to power on their oath to uphold the Constitution. Instead, hed rather educate the public about what he calls the far-right agenda and hope voters make the right decision. More recently, Mack and the association have been focused on resisting COVID mandates and encouraging sheriffs to investigate unfounded conspiracies about the 2020 election. The sheriff is the chief executive officer and conservator of the peace of the county. 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. The Sheriffs of Washington are elected and are constitutional officers 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. Such notions have long been promoted by figures like sheriff Richard Mack, who leads the Constitutional Sheriffs and Peace Officers Association. 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.. Not partially or totally mentally incapacitated. It is a federal crime for politician to compromise their oath or sells your unalienable rights or freedom for monetary gain. We rely on donations from readers like you to sustain Crosscut's in-depth reporting on issues critical to the PNW. The court stated that information of offenses received from responsible sources cannot be ignored. 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. 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. The so-called "constitutional sheriff" movement has grown in Washington. I dont think the Constitution gives sheriffs a greater degree of authority over state or federal officials.. All rights reserved. Burnetts challenger in this years election, Mike Morrison, said he wouldnt allow personal feelings to dictate how I do law enforcement. He referred to Mack and the constitutional sheriffs group as more of an extremist political group and said he would consult with prosecutors and the county attorney if he had questions over the legality of enforcing a law. Some members who are on horseback are meant to attend crime scenes and searches, as well as hunt their countys cougar population. The concept of the constitutional sheriff is a subset of the larger antigovernment movement. Burnetts challenger in this years election, Mike Morrison, said he wouldnt allow personal feelings to dictate how I do law enforcement. He referred to Mack and the constitutional sheriffs group as more of an extremist political group and said he would consult with prosecutors and the county attorney if he had questions over the legality of enforcing a law. 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. Duty to make complaint. 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. Songer, along with Snohomish County Sheriff Adam Fortney and others, refused to enforce state COVID mandates. . In 2021, Mack went on the ARISE USA Tour hosted by late antisemitic conspiracy theorist Robert David Steele. Fringe sheriffs from across the country have refused to enforce the rules inside their county lines. 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). In 2014, Mack participated in the Bundy standoff against the U.S. government, in Bunkerville, Nevada, alongside his fellow Oath Keepers and additional militias. Sheriffs resisting police reform efforts, whether or not they are part of the constitutional sheriff movement, have cited its false tenets. Elected sheriffs are accountable directly to the Constitution (United States and Washington state, in this case) and to the people. Already, 2020 election deniers are recruiting county sheriffs to more closely watch over future elections. All Rights Reserved. Mack is a former Graham County, Arizona, sheriff and a former Oath Keepers board member. 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. Honorable John PaneskoProsecuting AttorneyLewis CountyChehalis, Washington Cite as: AGO 51-53 No. 80 of the 102 counties have now declared their defiance of the so-called "assault weapons ban" in Illinois. King County recently made the sheriff an appointed position instead of an elected one. The Maryland legislature was no longer a & quot ; movement has about 10,000 citizens have also joined United and! Defiance of the state gun laws in 2019, they awarded Songer the Washington state has, to... Have refused to enforce the laws of the sheriffs is an act of interposition and a oath. 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