The Constitutional Sheriff spans this chasm between you and the miscreants that would rob you of these inalienable rights. Beginning in 2013, numerous sheriffs and county officials refused to enforce future gun control laws. InvestigateWest reached out to each sheriff candidate in Washington hoping to clarify how they view a sheriffs authority. 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 . 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. That's not a "movement" as Ms. Donnelly suggests - that's a fact of the position. Because theres not a great way to hold them accountable, other than by not electing them.. In Ferry county in eastern Washington, more than 72% of voters rejected I-1639. It was attended by the Proud Boys and anti-immigrant group AZ Patriots. One county law, titled the Newton County Missouri Second Amendment Preservation Act was enacted in Newton County, on Feb. 3, 2021. Richard Mack has built a "Constitutional sheriff" movement to resist state and federal authority on guns, COVID-19 and now election results. 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). Such notions have long been promoted by figures like sheriff Richard Mack, who leads the Constitutional Sheriffs and Peace Officers Association. 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. 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. A new national constitutional sheriffs group also emerged in 2021. 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.. In 2019, they awarded Songer the Washington State Constitutional Sheriff of the Year Award. I said, You know, if Im going to be elected sheriff, my primary job is to interpose when government is the bad guy, Songer said. His ideas went on to influence sovereign citizens and militia . "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 . As reported by WWNY, that responsibility and those boundaries, he says, should be set by people, not local law enforcement.. 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 The sheriff is the chief executive officer and conservator of the peace of the county. Kittitas County Sheriff Clay Myers is the current president of the Washington State Sheriffs Association. 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 . In 2019, they awarded Songer the Washington State Constitutional Sheriff of the Year Award. issues of mutual concern. Be a part of it! 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 AGs office did not return a message seeking comment for this article. 225 (1916). Contending that this authority supersedes that of all other government officials including state governors and the president they refuse to enforce a range of public safety laws, from local mask mandates to state and federal gun laws. 309. By: Robert DavisSheriffs in Washington State are caught in a catch-22 between the state's sweeping gun control rules, Initiative 1639, and waiting until the courts decide whether or not the provisions contained therein are Constitutional. One such case is is Florida, listed below. Jay Inslee because it is "inconsistent with Article I, Section 24 of the Washington State Constitution. He was a major funder of former Alabama Chief Justice Roy Moore's political career and other religious-right efforts. Recent events have shown that local and federal politicians are eager to impose authoritarian measures in the name of "the common good." 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. Not only did it land him on far-right conspiracy theorist Alex Jones' show, but his stance also caught the attention of the Constitutional Sheriffs and Peace Officers Association, a far-right, anti-government group that falsely claims a sheriff's powers exceed those of state and federal agency . This joining together of the 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. Your guarantee of this protection is insured by his oath to uphold the Constitution of our nation and state. 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. 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. 1, 2014, Mack told Lou Dobbs, this really is a badge vs. the badge situation, and I believe that the biggest badge in the country is the county sheriff., CSPOA claims this is because county sheriffs are the only elected law enforcement officers and therefore only accountable to their constituents, no higher government power. The court added he need not patrol the streets as the police do, but he must keep his eyes and ears open for public offenses. Duly enacted laws are presumed to be constitutional. 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. Elections are the best way to hold people accountable, she said. "The Office of Sheriff is one of antiquity. Virginia Republicans Promised a "Reasonable" Abortion Law. Richard Mack, founder of the Constitutional Sheriffs and Peace Officers Association, was a longtime board member of the Oath Keepers, and the constitutional sheriff idea has explicitly white supremacist roots. 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. Multiple county sheriffs wrote the language for or publicly supported these laws. 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. As Mack tells it, he said the federal Government could not tell him what to do; that they were not his boss.. Theyve sort of cobbled together this theory based on authorities that dont really do what theyre claiming that they do.. Mack compared sheriffs who refused to enforce the stay-at-home orders to civil rights activist Rosa Parks and claimed a sheriff who refused to enforce his own states executive order was standing against Nazi tactics. These few, vocal sheriffs who have gone a little bit rogue are very concerning, she said. Since then, the so-called constitutional sheriff movement has grown in Washington. 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. Mack went on a speaking junket in 2021, promoting the organization at a series of events alongside a long list of extremists. On the other hand, Burnett is one of the 17 sheriffs to endorse Songer this election cycle. 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.. 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. 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. But a Spokane civil rights attorney is concerned the letter suggests sheriffs have powers beyond their roles as local law enforcers. Two rural Nevada counties have joined "constitutional sheriff" Richard Mack's Constitutional Sheriffs and Peace Officers Association. - Walter H. Anderson, in Sheriffs, Coroners and Constables. 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. federal lawmakers on criminal justice issues. 3060 Willamette Drive, NE #200. Every Sunday morning, Crosscut's weekly email sums up the best stories of the week. 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. 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. What happened after the Jan. 6 confrontation in Olympia? These sheriffs base this claim to power on their oath to uphold the Constitution. "It's dangerous because it shows an extreme bias by the sheriffs of Washington state in favor of Second Amendment rights . [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 . Out of 39 counties in Washington, 17 current sheriffs endorsed Songer. Bob Barr represented Georgia's Seventh District in the U.S. House of Representatives from 1995 to 2003. shall be the duty of all sheriffs to make complaint of all 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. 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. 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. If their assertion brings to mind the anti-government, militia-supporting Oath Keepers organization, you are on the right track. The Anti-Defamation League considers the organization an anti-government extremist group.. 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. By endorsing the idea that sheriffs can choose which U.S. laws are legitimate, constitutional sheriffs are conferring a job assigned to the Supreme Court by the nations founders onto themselves. 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. Still, mainstream is a relative term: Thirteen sheriffs in Scotts 46-county home state have been convicted of criminal charges in the past 11 years, and one of the National Sheriffs Associations new executive members, Chris West of Oklahoma, was at the Capitol on Jan. 6. And here in Washington state, weve got some bad guys in government.. Gale promoted the formation of citizens militias, making the claim that all healthy men between the ages of eighteen and forty-five who were not in the military could be mobilized into a posse comitatus to redress their grievances, according to the book Aryan Cowboys: White Supremacists and the Search for a New Frontier, 1970-2000. Schneider. That should concern you, Right-wing "constitutional sheriffs" on the ballot in WA. Foxs 5 p.m. chat fest is the new king of cable news. The office of sheriff carries with it all its common law powers and duties except as modified by the constitution and statutes. Instead, hed rather educate the public about what he calls the far-right agenda and hope voters make the right decision. InvestigateWest (invw.org) is an independent news nonprofit dedicated to investigative journalism in the Pacific Northwest. (Klickitat County Sheriffs Office photo). The Washington Standard / January 17, 2023. 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. Bhattacharyya said the worst-case scenario would be if these sheriffs are emboldened to meddle with the elections process. Nearly half of those surveyed by The Marshall Project said they believe their power outranks the government's. 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. 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. 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. "The first is to protect life and property by enforcing criminal laws," the letter read. 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 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 . A statute sheriff is a servant to the Deep State and is in betrayal of their Constitutional oath. In 2021, Mack went on the ARISE USA Tour hosted by late antisemitic conspiracy theorist Robert David Steele. 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. Constitutionalist sheriffs in charge: Constitutionalist sheriffs believe that the Constitution appoints sheriffs as the ultimate law enforcement authority, even above the federal government.The . In recent months, a group of self-proclaimed "constitutional sheriffs" in Washington state has . 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 Constitutional Sheriffs and Peace Officers Association (CSPOA), a network of local law enforcement founded in . 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 . My No. In Washington, a sheriff can be removed through a recall process just like any other elected politician, but recall efforts are typically unsuccessful. uphold the Constitution and laws of the State of Washington, 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. Enter Your Email Address & Get FREE Exclusive Email Updates From Sheriff Mack & Peaceful, Constitutional Solutions & Strategies You Can Use! 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. The Constitutional Sheriff spans this chasm between you and the miscreants that would rob you of these inalienable rights. In 2014 he argued that the Maryland legislature was no longer a "valid . As gun laws throughout the west have gradually . Page3]] the sheriff represents the sovereignty of the state and he has no superior in his county. 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. 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. 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. 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. Gov. We rely on donations from readers like you to sustain Crosscut's in-depth reporting on issues critical to the PNW. This joining together of the Sheriffs has allowed the . Theyve sort of cobbled together this theory based on authorities that dont really do what theyre claiming that they do.. 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. Sheriffs Association (WSSA) is to promote ethics, Duty to make complaint. By SHANNON NAJMABADI, The Colorado Sun. And with the Nov. 8, 2022, election just around the . / November 7, 2022. 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. Sheriffs have some discretion when enforcing laws, but they do not have the power to decide what is constitutional like the judicial branch. The sheriff in defense denied knowledge of widespread gambling violations although responsible citizens had informed him by letter of alleged violations. But the Republican lead on the bill, Sen. Tim Scott (S.C.), refused to agree to anything that didnt have the support of the National Sheriffs Association, the largest sheriffs association in the country. We have your letter inquiring whether this office has previously given any opinions defining the duties of a county sheriff generally and particularly as to the investigation of criminal charges. 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. The Sheriffs of Washington are elected and are constitutional officers within the Constitution of the State of Washington. Plaintiffs claim the Indian Child Welfare Act and the Indian Gaming Regulatory Act are racially discriminatory against non-Indigenous people. In Snohomish County, efforts to recall Sheriff Fortney over his refusal to enforce pandemic restrictions failed. The group has an advisory board with a host of constitutional sheriffs. In a May 2020 interview posted to YouTube, Mack described this view, saying: Let me make this real clear: The President of the United States cannot tell your sheriff what to do. 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. 1 goal is to protect and serve and enforce the laws of the state, Morrison said. It is estimated that movement has about 10,000 supporters, including 3,000 sheriffs. The court stated that information of offenses received from responsible sources cannot be ignored. It certainly means passing laws that make sheriffs just as accountable to democratic governance as any other law enforcement officer. Recent events have shown that local and federal politicians are eager to . 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. Association. violations of the criminal law, which shall come to their Published on: May 18, 2016 and updated on May 18, 2016. 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 . Leaf invoked posse comitatus in a Facebook post on Aug. 2, 2021, declaring that a sheriffs posse was necessary to suppress rioting. And just like that, an extremist, once-fringe movement significantly constrained law enforcement oversight for an entire state. (Although even the National Sheriffs Association notes that this oath is taken by every law enforcement officer and confers no special authority on sheriffs.) Every believer in democracy should find it chilling that the CSPOA counts several hundred sheriffs as dues-paying members and hundreds of other sheriffs as supporters. King County recently made the sheriff an appointed position instead of an elected one. 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. Songer has said posse members are meant to be trained witnesses. Bhattacharyya, too, has mixed feelings about appointed sheriffs. Songer has been a prominent voice for Macks group after Mack celebrated his stance on Washingtons gun laws. In Snohomish County, efforts to recall Sheriff Fortney over his refusal to enforce pandemic restrictions failed. Terms of Use and Privacy Policy. Many of them have equated government-enacted health guidelines regarding masks and vaccines with tyranny. 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. 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. All of them, including the sheriffs and militias, seemed to be associating with and friendly with each other, according to a person at the scene. 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. Enter Your Email Address To Get Exclusive Updates Directly From Sheriff Mack! Washington are elected and are Constitutional Officers within the Constitution of our nation and State that... 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