/ November 7, 2022. * Clicking the button will open a new tab. The job of this specific sheriff is to protect your personal rights against all foreign and domestic threats. 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. However, where the office of sheriff is named in the constitution, his duties are the same as they were at the time the constitution was adopted. Sheriffs across the state are predictably opposed to such a move, but even those most concerned with rogue constitutional sheriffs dont love that idea. 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 2021, Mack went on the ARISE USA Tour hosted by late antisemitic conspiracy theorist Robert David Steele. The COVID-19 crisis has spurred a growth in constitutional sheriffs across the country. 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. The oath that sheriffs take is not unique. We rely on donations from readers like you to sustain Crosscut's in-depth reporting on issues critical to the PNW. 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. My No. serve and protect the people of Washington State, and to DENVER (AP) More than a dozen candidates campaigning to be top . InvestigateWest (invw.org) is an independent news nonprofit dedicated to investigative journalism in the Pacific Northwest. Mack went on a speaking junket in 2021, promoting the organization at a series of events alongside a long list of extremists. 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. Sheriffs resisting police reform efforts, whether or not they are part of the constitutional sheriff movement, have cited its false tenets. 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. 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. 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. of need. Those without horses are auxiliary, according to Songer. All rights reserved. Nowhere does there appear any specific mandate to the sheriff to investigate criminal charges. Collins dressed as George Washington for the training. 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. Sheriffs & Peace Officers Ass'n, supra note 1. has also joined the campaign. InvestigateWest (invw.org) is an independent news nonprofit dedicated to investigative journalism in the Pacific Northwest. Already, 2020 election deniers are recruiting county sheriffs to more closely watch over future elections. issues of mutual concern. Police reform initiatives launched after George Floyds murder have largely overlooked the nations more than 3,000 county sheriffs, most of them elected. 1 goal is to protect and serve and enforce the laws of the state, Morrison said. 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. 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. Sheriffs have some discretion when enforcing laws, but they do not have the power to decide what is constitutional like the judicial branch. Every Sunday morning, Crosscut's weekly email sums up the best stories of the week. To study emerging common issues and develop responses. It is the oldest law enforcement office known in the common law system, and In 2019, they awarded Songer the Washington State Constitutional Sheriff of the Year Award. 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. His beliefs were disseminated far and wide. Songer, along with Snohomish County Sheriff Adam Fortney and others, refused to enforce state COVID mandates. To provide a centralized body through which prompt 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. 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 . 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. Phone: (360) 486-2380 FAX: (360) 486-2381. Sometimes the news is the story. The oath that sheriffs take is not unique. Thats part of my oath, Gese said. In 2014, Mack participated in the Bundy standoff against the U.S. government, in Bunkerville, Nevada, alongside his fellow Oath Keepers and additional militias. Songer has been a prominent voice for Macks group after Mack celebrated his stance on Washingtons gun laws. training and dialogue among its members and the law The 3081 elected sheriffs nationwide are responsible for running county jails, which house a third of the country's incarcerated population, and enforcing laws within their county that are passed at the state and federal level. InvestigateWest reached out to each sheriff candidate in Washington hoping to clarify how they view a sheriffs authority. We cannot have individual law enforcement officers arbitrarily decide what laws to enforce., In addition to defiance over coronavirus laws, Songer, along with constitutional sheriff Mark Lamb of Pinal County, Arizona, formed their own sheriffs posses. professionalism, leadership development, In 2014 he argued that the Maryland legislature was no longer a "valid . 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. 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. 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. He also held a spot on the board of directors of the nationwide Oath Keepers militia group until 2015. You can hear constitutional sheriff rhetoric in a number of incumbent candidates in states such as Washington, Wisconsin, and Massachusetts. 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. Wilson Criscione, born and raised in Spokane, writes for InvestigateWest. 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, too, has mixed feelings about appointed sheriffs. Some of the sheriffs who declined to enforce these laws are constitutional sheriffs. Gov. Instead, hed rather educate the public about what he calls the far-right agenda and hope voters make the right decision. 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. Two rural Nevada counties have joined "constitutional sheriff" Richard Mack's Constitutional Sheriffs and Peace Officers Association. These assertions are often accepted by lawmakers without challenge thus moving anti-government and racist ideas from the fringe to the policymaking mainstream. This beloved show is back with more tales from James Herriott and the delightful Yorkshire Dales. A Minnesota case,In re Olson, 211 Minn. 114, 300 N.W. Be a part of it! It is a federal crime for politician to compromise their oath or sells your unalienable rights or freedom for monetary gain. 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. CSPOA lifetime member and constitutional sheriff Bob Songer of Klickitat, Washington, forwarded an email from Mack to multiple Washington sheriffs titled You Swore and Oath to Our Constitution where he claimed, No Governors proclamations order can override your liberties without violating your constitutional rights even during a crisis. Songers stance remained the same even after he was hospitalized for five days with COVID-19. Jan. 17, 2023 Your guarantee of this protection is insured by his oath to uphold the Constitution of our nation and state. Kitsap County Sheriff John Gese also rejected Macks ideology. 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. This idea was pioneered by Christian identity minister William Potter Gale in the 1970s and described as Posse Comitatus. 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. Constitutionalist sheriffs in charge: Constitutionalist sheriffs believe that the Constitution appoints sheriffs as the ultimate law enforcement authority, even above the federal government.The . 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. The protection of these rights come under the jurisdiction of the county Constitutional Sheriff. They announced they would defy the new gun laws because, in their interpretation, it violated the U.S. Constitution. 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. As gun laws throughout the west have gradually . To preserve and protect the office of Sheriff. 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 . Your guarantee of this protection is insured by his oath to uphold the Constitution of our nation and state. Stream all three seasons only with OPB Passport! 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. Richard Mack has built a "Constitutional sheriff" movement to resist state and federal authority on guns, COVID-19 and now election results. To better 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. In the exercise of executive and administrative functions and in conserving the public peace [[Orig. He was a major funder of former Alabama Chief Justice Roy Moore's political career and other religious-right efforts. 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. 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. bodies in performance of their duties. Since then, the so-called "constitutional sheriff" movement has grown in Washington and other . Wildlife. Elections are the best way to hold people accountable, she said. For one, the word sheriff doesnt appear in the U.S. Constitution. 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. That should concern you, Right-wing "constitutional sheriffs" on the ballot in WA. 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. These efforts were in reaction to public calls for increased gun control measures after the mass shooting at an Aurora, Colorado, movie theater on July 12, 2012, and another at Sandy Hook Elementary School in Newtown, Connecticut, on Dec. 14, 2012. RCW The Constitutional Sheriffs and Peace Officers Association (CSPOA) is a political organization of local police officials in the United States who contend that federal and state government authorities are subordinate to the local authority of county sheriffs.Self-described constitutional sheriffs assert that they are the supreme legal authority with the power and duty to defy or disregard laws . 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. 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. 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. We spoke with constitutional lawyer Jeffery Needle about the letter. Duty to make complaint. That is a decision we leave to the courts. 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. Kittitas County Sheriff Clay Myers is the current president of the Washington State Sheriffs Association. 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. I dont think the Constitution gives sheriffs a greater degree of authority over state or federal officials.. But legislators caved to Virginia Sheriffs Association assertions that the new oversight could not apply to sheriffs because sheriffs are elected constitutional officers.. 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. 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. And with the Nov. 8, 2022, election 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. County Sheriffs in Illinois are defying the unconstitutional actions of the state. 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. In answer to your second question, it appears that a county prosecutor has no authority to compel any act by the sheriff. 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. 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. Schneider. "It's dangerous because it shows an extreme bias by the sheriffs of Washington state in favor of Second Amendment rights . 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