Enter Your Email Address & Get FREE Exclusive Email Updates From Sheriff Mack & Peaceful, Constitutional Solutions & Strategies You Can Use! 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 concept of the constitutional sheriff is a subset of the larger antigovernment movement. There are not a lot of formal consequences, because theyre elected, Bhattacharyya said. Anderson on Sheriffs, 44. 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. Cedric L. Alexander: Why reforming qualified immunity will never resolve police violence. 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. The so-called "constitutional sheriff" movement has grown in Washington. Take the example of Virginia, where in 2020 the state legislature passed a law allowing local governments to establish civilian oversight of police departments. In order to improve and provide effective service and protection to all citizens of Washington, The other is focused on the role of the county sheriff, who they believe has ultimate law enforcement authority in the United States. For Songer, it was a tipping point. Sheriffs and ICE. 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. Mack has been associated with a long list of extremists. . The Washington Standard / January 17, 2023. It is the oldest law enforcement office known in the common law system, and What Is A Constitutional Sheriff? Since then, the so-called "constitutional sheriff" movement has grown in Washington. Foxs 5 p.m. chat fest is the new king of cable news. Two rural Nevada counties have joined "constitutional sheriff" Richard Mack's Constitutional Sheriffs and Peace Officers Association. The AGs office did not return a message seeking comment for this article. This article was published more than1 year ago. Be a part of it! A similar result was reached in State v. Reichman, 135 Tenn. 685, 188 S.W. 1 goal is to protect and serve and enforce the laws of the state, Morrison said. 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). To improve public awareness of criminal justice issues. His opponent, Rick Kuss, is part of the constitutional sheriffs movement and was endorsed by Joe Arpaio, the controversial former sheriff in Arizona pardoned by President Donald Trump. 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. 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. Franklin County sheriff candidate Chris Turner, for example, said he believes the elected sheriff has greater authority than the federal or state government. Washington: DC: Monday . In 2014, Mack participated in the Bundy standoff against the U.S. government, in Bunkerville, Nevada, alongside his fellow Oath Keepers and additional militias. Schneider. Ex-Sheriff Arpaio was found in contempt of court in 2017 after refusing to follow a federal judge's order to stop profiling and detaining Latinx people during traffic stops and immigration raids. * Clicking the button will open a new tab. Beginning in 2013, numerous sheriffs and county officials refused to enforce future gun control laws. The Constitutional Sheriffs and Peace Officers Association (CSPOA), a network of local law enforcement founded in . © 2022 Sheriff Constitutional. In 2019, they awarded Songer the Washington State Constitutional Sheriff of the Year Award. 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 . Thats part of my oath, Gese said. The group has an advisory board with a host of constitutional sheriffs. 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. 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. 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. 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 . Supporter of Constitutional Sheriffs Article 11, 5 of Washington State. On May 15, 2021, the tour stopped in Lander County, Nevada, where the county commission voted to become CSPOA lifetime members and held a Patriotic Social Gathering. The audience consisted of locals, Nevada constitutional sheriffs, anti-vaccine groups and multiple militias, one with a recruiting booth set up. / November 7, 2022. His ideas went on to influence sovereign citizens and militia . Other Washington sheriffs and candidates have similar beliefs even if they arent members of the Constitutional Sheriffs and Peace Officers Association like Songer. This office has not rendered any prior opinions on this matter. And the actions he took in recent years are similar to Songers: Burnett said he wouldnt be investigating crimes related to Washingtons new gun laws and he announced he wouldnt enforce COVID-19 masking rules and other mandates. Police reform initiatives launched after George Floyds murder have largely overlooked the nations more than 3,000 county sheriffs, most of them elected. Sheriffs resisting police reform efforts, whether or not they are part of the constitutional sheriff movement, have cited its false tenets. That should concern you, Right-wing "constitutional sheriffs" on the ballot in WA. it has always been accorded with great dignity and high trust" In that case an order of the governor removing a sheriff for nonfeasance of office was affirmed by the court. In addition to the duties contained in RCW 36.28.010, it I dont think thats the right tool, Burghart said. Instead, hed rather educate the public about what he calls the far-right agenda and hope voters make the right decision. 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. - Walter H. Anderson, in Sheriffs, Coroners and Constables. And the actions he took in recent years are similar to Songers: Burnett said he wouldnt be investigating crimes related to Washingtons new gun laws and he announced he wouldnt enforce COVID-19 masking rules and other mandates. The group includes Mark Lamb of Pinal County, Arizona, whom Mack personally endorsed saying, Yes, Sheriff Lamb is a Constitutional Sheriff and is one of the best sheriffs in America; Sheriff Wayne Ivey of Brevard, Florida, and Sheriff Jesse Watts of Eureka, Nevada, who have both self-identified as constitutional sheriffs; and Sheriff Scott Jenkins of Culpeper, Virginia, who spoke at the 2020 CSPOA Conference at Liberty University in Lynchburg, Virginia. bodies in performance of their duties. violations of the criminal law, which shall come to their Theyve sort of cobbled together this theory based on authorities that dont really do what theyre claiming that they do.. You get the latest CSPOA updates & access more training to know your rights! 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. This farcical argument flies in the face of decades of civilian oversight of elected sheriffs. In recent months, a group of self-proclaimed "constitutional sheriffs" in Washington state has . 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. Not partially or totally mentally incapacitated. After searching in vain for any legal basis for sheriff supremacy and checking with several others who have studied law enforcement and civilian oversight, I can confirm that a constitutional sheriff with unique autonomy is not actually a thing. The COVID-19 crisis has spurred a growth in constitutional sheriffs across the country. 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. 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. Its virtually the same as the oath that every other government officer takes, said Bhattacharyya. Every Sunday morning, Crosscut's weekly email sums up the best stories of the week. Tags:Law Enforcement, Politics, Election 2022. But while constitutional sheriffs often use this argument, it doesnt hold up to scrutiny, said Bhattacharyya, who has held leadership positions with the U.S. Department of Justice and the Department of the Treasury. Thats part of my oath, Gese said. So much for prime time. The Sheriffs of Washington are elected and are constitutional officers within the Constitution of the State of Washington. 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. 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. enforcement community. 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. CSPOA is an extremist group which espouses similar rhetoric to Gale and Beach. It is a federal crime for politician to compromise their oath or sells your unalienable rights or freedom for monetary gain. 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. People ask me all the time, Do you believe in enforcing the Constitution? Yes, absolutely. Some 50 Texas sheriffs and numerous elected officials have attended trainings on the . And with the Nov. 8, 2022, election just around the . One of Southwest Washingtons most vocal opponents to pandemic restrictions recently contracted COVID-19, was hospitalized and continues to rely on oxygen. Since then, the so-called constitutional sheriff movement has grown in Washington. . 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 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. We rely on donations from readers like you to sustain Crosscut's in-depth reporting on issues critical to the PNW. InvestigateWest (invw.org) is an independent news nonprofit dedicated to investigative journalism in the Pacific Northwest. 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. This statement was voted on and approved by a majority of the sheriffs in the . 2023 Cascade Public Media. Songer, along with Snohomish County Sheriff Adam Fortney and others, refused to enforce state COVID mandates. One morning last year, around 60 sheriffs and . A Minnesota case,In re Olson, 211 Minn. 114, 300 N.W. The Sheriff Mack Show: Sheriff Richard Mack & Sam Bushman ft. Tina Peters, CSPOA Posse Intel 1-10-23: Sam & Jack Discuss Hard Times Coming, Survivalist Mindsets, CSPOA 01/03/23 Webinar - Sam Bushman, Jack Mullen, & State Director Kirk Launius, Sheriff Mack Webinar / Consultation Request. And here in Washington state, weve got some bad guys in government.. 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. But a Spokane civil rights attorney is concerned the letter suggests sheriffs have powers beyond their roles as local law enforcers. 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 oath that sheriffs take is not unique. I dont think thats the right tool, Burghart said. In answer to your second question, it appears that a county prosecutor has no authority to compel any act by the sheriff. 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. For instance, as the Center for Public Integrity reported at length in 2016, these sheriffs have refused to enforce state gun regulations, federal land-use rules and Internal Revenue Service . Franklin County sheriff candidate Chris Turner, for example, said he believes the elected sheriff has greater authority than the federal or state government. Mark Lamb, the 49-year-old sheriff of Pinal County, Ariz. who years ago signed Mack's association's pledge to be a constitutional sheriff created a nonprofit coalition of sheriffs this . Using sheriffs to challenge laws is a part of . The sheriff in defense denied knowledge of widespread gambling violations although responsible citizens had informed him by letter of alleged violations. Sheriffs closer to the mainstream have also played a role in undermining police accountability. 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. CSPOA 01/03/23 Webinar - Sam Bushman, Jack Mullen, & State Director Kirk Launius CSPOA Posse Intel Webinar 01-03-23 The Sheriff Mack Show: Sam Bushman ft. Michael Peroutka 398 (1941), states that the duty of a sheriff requires initiative on his part; that he must be reasonably alert with respect to possible violations of the law and is not entitled to wait until they come to his personal knowledge, but must follow up information received from any source. 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. THIS SHALL NOT BE TOLERATED IN SKAGIT COUNTY, https://www.facebook.com/groups/398181945263311/, Elect Kevin Ewing For Constitutional Sheriff of Skagit County. Constitutional Sheriff Scott Jenkins of Culpeper, Virginia, said he would deputize the citizens in his county if gun control laws were passed. 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 . 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. Bhattacharyya said the worst-case scenario would be if these sheriffs are emboldened to meddle with the elections process. 1 goal is to protect and serve and enforce the laws of the state, Morrison said. Sheriffs & Peace Officers Ass'n, supra note 1. has also joined the campaign. CONTACT US. The fringe ideology of "constitutional sheriffs" is attracting believers within Texas law enforcement. This joining together of the You can hear constitutional sheriff rhetoric in a number of incumbent candidates in states such as Washington, Wisconsin, and Massachusetts. Page3]] the sheriff represents the sovereignty of the state and he has no superior in his county. 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. 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. Thirteen sheriffs, however, went a step beyond merely expressing their displeasure. . Leaf invoked posse comitatus in a Facebook post on Aug. 2, 2021, declaring that a sheriffs posse was necessary to suppress rioting. All Rights Reserved. Its not just worrisome because they may decide not to enforce laws they disagree with. 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. 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. 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. 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. Op. challenge from the National Rifle Association and the Second Amendment Foundation as evidence that the laws may not be constitutional, and are . "Federal and state can be stopped by the power and authority of the sheriff." According to Cloee Cooper, Watts and his fellow "constitutional sheriffs" belong to the far-right Patriot Movement - a broad coalition that includes militias like the Oath Keepers and Three Percenters. SHERIFFS, PROSECUTING ATTORNEYS - DUTIES AND POWERS. 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. 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 one-time candidate for Dallas County sheriff, is the Texas State Director . 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 . To people like Michael German, a former FBI special agent who embedded with militias and is . Association. Gov. Mack wrote the foreword for Weavers book Vicki, Sam, and America: How the Government Killed All Three. I will follow the rule of law, Klickitat County Sheriff Bob Songer said at the time, when I believe its constitutional.. The Washington State Sheriffs Association's letter said sheriffs are responsible for two tasks. 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. Out of 39 counties in Washington, 17 current sheriffs endorsed Songer. As Mack tells it, he said the federal Government could not tell him what to do; that they were not his boss.. The court stated that information of offenses received from responsible sources cannot be ignored. 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 . 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. Any arguments that these sheriffs have regarding state or local . 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. 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. His beliefs were disseminated far and wide. It certainly means passing laws that make sheriffs just as accountable to democratic governance as any other law enforcement officer. In Snohomish County, efforts to recall Sheriff Fortney over his refusal to enforce pandemic restrictions failed. . She says the name of the sheriff's group is designed . "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. Terms of Use and Privacy Policy. Honorable John PaneskoProsecuting AttorneyLewis CountyChehalis, Washington Cite as: AGO 51-53 No. A statute sheriff is a servant to the Deep State and is in betrayal of their Constitutional oath. For one, the word sheriff doesnt appear in the U.S. Constitution. 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. Published on: May 18, 2016 and updated on May 18, 2016. 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 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. On the other hand, Burnett is one of the 17 sheriffs to endorse Songer this election cycle. shall be the duty of all sheriffs to make complaint of all 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. Yet there is an urgent need to address how sheriffs are increasingly undermining law enforcement accountability and distorting public policy more broadly. 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. 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. There are not a lot of formal consequences, because theyre elected, Bhattacharyya said. In the exercise of executive and administrative functions and in conserving the public peace [[Orig. It was attended by the Proud Boys and anti-immigrant group AZ Patriots. 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. Many of them have equated government-enacted health guidelines regarding masks and vaccines with tyranny. RCW 36.28.010 Kittitas County Sheriff Clay Myers is the current president of the Washington State Sheriffs Association. For Songer, it was a tipping point. HE IS ONE OF THE Peers of WE THE PEOPLE! Thirteen sheriffs, however, went a step beyond merely expressing their displeasure. (Although even the National Sheriffs Association notes that this oath is taken by every law enforcement officer and confers no special authority on sheriffs.) 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. 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 . Some Sheriff's Candidates Run on Not Enforcing Certain Laws. "It's dangerous because it shows an extreme bias by the sheriffs of Washington state in favor of Second Amendment rights . But legislators caved to Virginia Sheriffs Association assertions that the new oversight could not apply to sheriffs because sheriffs are elected constitutional officers.. In 2019, they awarded Songer the Washington State Constitutional Sheriff of the Year Award. 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. Kitsap County Sheriff John Gese also rejected Macks ideology. Sheriffs Association (WSSA) is to promote ethics, "The bottom line is that we have Constitutional duties with our oath of office," Lincoln County Sheriff Wade Magers told 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. 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. The sheriff is the chief executive officer and conservator of the peace of the county. 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. 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