O n Sept. 11, 2020, the same day the Federal Bureau of Investigation released a statement dismissing rumors that leftist activists were starting wildfires in Oregon, a sheriff in Washington state . The sheriffs 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 39 Sheriffs joined together in 1984 to form this Since then, the so-called "constitutional sheriff" movement has grown in Washington and other . Thousands violate unconstitutional Washington state gun law. 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 . When asked why he believes he has authority to enforce laws based on his own reading of the Constitution, Songer points to his oath of office to uphold the U.S. and state constitutions. It 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. In defense to a petition for removal the sheriff insisted he was under no duty to do detective services to discover violations of law. 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. 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. Every Sheriff and Commonwealth Attorney in Virginia will see the consequences if our General Assembly passes further unnecessary gun restrictions, Jenkins said. Because theres not a great way to hold them accountable, other than by not electing them.. That year, Mack shared their strategy with Fox News: We were actually strategizing to put all the women and children up front. OFFICE HOURS: 8:00 AM - 5:00 PM Monday - Friday Closed Weekends & State Holidays, Washington's Attorneys General - Past and Present, Submitting Your Motor Home Request for Arbitration, Homicide Investigation Tracking System (HITS), Combating Dark Money/Campaign Finance Unit, Student Loans/Debt Adjustment and Collection, Professional Coordination & Communication Work Group, File a Manufactured Housing Dispute Resolution Request Online, Benefits & Protections for Veterans & Military Personnel, Keep Washington Working Act FAQ for Law Enforcement. . To study emerging common issues and develop responses. These entities do not have jurisdiction in Skagit county, Therefore, before they may enter Skagit county they must have a contract or an invitation from the sheriff. Thirteen sheriffs, however, went a step beyond merely expressing their displeasure. 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 . Because sheriffs have the power to detain people, they often play a role in immigration enforcement. 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. Distinct from Sheriffs, the Militia are explicitly incorporated within the Constitution of the United States. 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. serve and protect the people of Washington State, and to Supporter of Constitutional Sheriffs Article 11, 5 of Washington State. 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 . 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. This idea was pioneered by Christian identity minister William Potter Gale in the 1970's and 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. Page3]] the sheriff represents the sovereignty of the state and he has no superior in his county. The primary purpose of this Sheriff is to protect, https://sheriffconstitutional.com/wp-content/uploads/2021/06/Tuesday-story-recording.mp3, Constitutional Sheriffs Article 11, 5 of Washington State, If the local government of this county attempts to rob or violate your constitutional rights. 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 . 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. Leaf invoked posse comitatus in a Facebook post on Aug. 2, 2021, declaring that a sheriffs posse was necessary to suppress rioting. Songer, along with Snohomish County Sheriff Adam Fortney and others, refused to enforce state COVID mandates. 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. 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. Police reform initiatives launched after George Floyds murder have largely overlooked the nations more than 3,000 county sheriffs, most of them elected. 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. As gun laws throughout the west have gradually . 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. A Minnesota case,In re Olson, 211 Minn. 114, 300 N.W. 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. 1 goal is to protect and serve and enforce the laws of the state, Morrison said. challenge from the National Rifle Association and the Second Amendment Foundation as evidence that the laws may not be constitutional, and are . Foxs 5 p.m. chat fest is the new king of cable news. 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. Klickitat County Sheriff Bob Songer is a member of the Constitutional Sheriffs and Peace Officers Association, a far-right, anti-government group that wrongly . Elections are the best way to hold people accountable, she said. "The bottom line is that we have Constitutional duties with our oath of office," Lincoln County Sheriff Wade Magers told The constitutional sheriff movement has its roots in the Posse Comitatus ("power of the county") movement of the 1970s and '80s. Two rural Nevada counties have joined "constitutional sheriff" Richard Mack's Constitutional Sheriffs and Peace Officers Association. General duties. uphold the Constitution and laws of the State of Washington, For one, the word sheriff doesnt appear in the U.S. Constitution. They announced they would defy the new gun laws because, in their interpretation, they violated the U.S. Constitution. Wildlife. Washington state recently introduced bills for some of the strictest gun laws in the country but they have some very important opponents: the sheriffs. 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. In Snohomish County, efforts to recall Sheriff Fortney over his refusal to enforce pandemic restrictions failed. Since the 2021 attack on the capitol campus, security has increased, two people have faced prosecution and reporters continue to feel the shock. 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. 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. In addition to the duties contained in RCW 36.28.010, it Wilson Criscione, born and raised in Spokane, writes for InvestigateWest. Sheriff Myers is an active member. "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 . To provide immediate support to fellow sheriffs, law This posse comitatus based rallying cry continues to be the primary theme that permeates the ideology of CSPOA and other constitutional sheriffs across America. Out of 39 counties in Washington, 17 current sheriffs endorsed Songer. Be a part of it! The job of this specific sheriff is to protect your personal rights against all foreign and domestic threats. 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. Thirteen sheriffs, however, went a step beyond merely expressing their displeasure. Theyve sort of cobbled together this theory based on authorities that dont really do what theyre claiming that they do.. Gov. The defiance of the sheriffs is an act of interposition and a demonstration of the lesser magistrate doctrine. He considers Randy Weaver a friend, asserting that Weaver is not a bigot, just a separatist in a way who does not believe in interracial marriage. cooperation may be had with other public officials and Sometimes the news is the story. Sheriffs have some discretion when enforcing laws, but they do not have the power to decide what is constitutional like the judicial branch. Nowhere does there appear any specific mandate to the sheriff to investigate criminal charges. And here in Washington state, weve got some bad guys in government.. Franklin County sheriff candidate Chris Turner, for example, said he believes the elected sheriff has greater authority than the federal or state government. The Constitutional Sheriff spans this chasm between you and the miscreants that would rob you of these inalienable rights. 1 goal is to protect and serve and enforce the laws of the state, Morrison said. Beginning in 2013, numerous sheriffs and county officials refused to enforce future gun control laws. June 25, 2022, at 10:10 a.m. 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. 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. All rights reserved. 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 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. Boosted by the pandemic, constitutional sheriffs are a political force. Nowhere does there appear any specific mandate to the sheriff to investigate criminal charges. Your guarantee of this protection is insured by his oath to uphold the Constitution of our nation and state. [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 . In the exercise of executive and administrative functions and in conserving the public peace [[Orig. By subscribing, you agree to receive occasional membership emails from Crosscut/Cascade Public Media. The AGs office did not return a message seeking comment for this article. 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. He also held a spot on the board of directors of the nationwide Oath Keepers militia group until 2015. professionalism, leadership development, Two lawsuits could threaten the sovereignty of Indigenous nations, Why you should pay attention to the 2023 Washington Legislature, Sign up for the Crosscut Weekly newsletter, How WA's legislature is addressing the housing crisis in 2023, Some WA lawmakers are sidestepping the state's Public Records Act, Q&A: Washington Governor Jay Inslee talks housing, guns, climate, ArtSEA: Honoring MLK Day with Seattle art, Festivities in Focus | A Christian Orthodox church marks Theophany, Out & Back: Competitive athlete Rosalie Fish runs for the lost, How one Yakama Nation fisherman inherited the fight for salmon, Seattle is no longer the U.S.'s least air conditioned big city, Negotiations to resurrect Ferndale aluminum plant fall apart, Hanford considers a quicker way to clean up radioactive waste. The product of Republican political consultant Nathan Sproul, Protect America Now, incorporated in Phoenix, Arizona, as a domestic non-profit corporation on June 26, 2020. And here in Washington state, weve got some bad guys in government.. and the United States, the mission of the Washington State 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. 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. 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. 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. His ideas went on to influence sovereign citizens and militia . My No. 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. violations of the criminal law, which shall come to their 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. Its not just worrisome because they may decide not to enforce laws they disagree with. That should concern you, Right-wing "constitutional sheriffs" on the ballot in WA. He was a major funder of former Alabama Chief Justice Roy Moore's political career and other religious-right efforts. 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. Its virtually the same as the oath that every other government officer takes, said Bhattacharyy. They Just Proposed an Extreme Ban. We rely on donations from readers like you to sustain Crosscut's in-depth reporting on issues critical to the PNW. 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. In 2014 he argued that the Maryland legislature was no longer a "valid . InvestigateWest. She says the name of the sheriff's group is designed . - Walter H. Anderson, in Sheriffs, Coroners and Constables. Schneider. 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. issues of mutual concern. 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. The group has an advisory board with a host of constitutional sheriffs. To people like Michael German, a former FBI special agent who embedded with militias and is . The "constitutional sheriffs" movement, which has ties to the Oath Keepers and other antigovernment fringe movements, is based on the legally dubious belief that sheriffs are the ultimate law enforcement authority within their counties, superseding state and federal officials, including the U.S. president. 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. 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. To protect communities from abusive policing and our democracy from extremists within law enforcement, we must push back on assertions by sheriffs that they are above the law. Terms of Use and Privacy Policy. 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. In 2019, they awarded Songer the Washington State Constitutional Sheriff of the Year Award. 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.. This joining together of the Gales views, some parroted by Beach, grew in popularity among white supremacists, tax protesters and aggrieved citizens, such as farmers in the Midwest who faced significant financial crisis in the 1980s. 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. Since then, the so-called constitutional sheriff movement has grown in Washington. 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. There are not a lot of formal consequences, because theyre elected, Bhattacharyya said. Jay Inslee because it is "inconsistent with Article I, Section 24 of the Washington State 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. In recent months, a group of self-proclaimed "constitutional sheriffs" in Washington state has . Sheriffs have some discretion when enforcing laws, but they do not have the power to decide what is constitutional like the judicial branch. 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 . Other Washington sheriffs and candidates have similar beliefs, even if they arent members of the Constitutional Sheriffs and Peace Officers Association like Songer. DENVER (AP) More than a dozen candidates campaigning to be top . The other is focused on the role of the county sheriff, who they believe has ultimate law enforcement authority in the United States. The job of this specific sheriff is to protect your personal rights against all foreign and domestic threats. I dont think thats the right tool, Burghart said. 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. 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. 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