And just like that, an extremist, once-fringe movement significantly constrained law enforcement oversight for an entire state. Mack is a former Graham County, Arizona, sheriff and a former Oath Keepers board member. Enter Your Email Address & Get FREE Exclusive Email Updates From Sheriff Mack & Peaceful, Constitutional Solutions & Strategies You Can Use! Tags:Law Enforcement, Politics, Election 2022. A Minnesota case,In re Olson, 211 Minn. 114, 300 N.W. The Constitutional Sheriffs and Peace Officers Association (CSPOA) is an anti-government extremist group whose primary purpose is to recruit sheriffs into the anti-government "patriot" movement. One such case is is Florida, listed below. 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. 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. shall be the duty of all sheriffs to make complaint of all This . One is that county government should have control of all the land within its borders, taking this power away from the state and federal government. Since then, the so-called constitutional sheriff movement has grown in Washington. 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. 1 goal is to protect and serve and enforce the laws of the state, Morrison said. 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. It is a federal crime for politician to compromise their oath or sells your unalienable rights or freedom for monetary gain. People ask me all the time, Do you believe in enforcing the Constitution? Yes, absolutely. 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. But the experience hasnt changed his stance. A similar result was reached in State v. Reichman, 135 Tenn. 685, 188 S.W. These few, vocal sheriffs who have gone a little bit rogue are very concerning, she said. There are not a lot of formal consequences, because theyre elected, Bhattacharyya said. 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. Never been convicted of a felony (with a few caveats). RCW 36.28.010 Thats part of my oath, Gese said. He was a major funder of former Alabama Chief Justice Roy Moore's political career and other religious-right efforts. 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. My No. To people like Michael German, a former FBI special agent who embedded with militias and is . The Washington State Sheriffs Association's letter said sheriffs are responsible for two tasks. 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. One county law, titled the Newton County Missouri Second Amendment Preservation Act was enacted in Newton County, on Feb. 3, 2021. In recent months, a group of self-proclaimed "constitutional sheriffs" in Washington state has . 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. Collins dressed as George Washington for the training. 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. 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. What Is A Constitutional Sheriff? On the other hand, Burnett is one of the 17 sheriffs to endorse Songer this election cycle. This issue became more evident in 2021 when constitutional sheriffs, including CSPOA, began to oppose state and federal COVID-19 health. The oath that sheriffs take is not unique. When the group of Washington sheriffs defied the state gun laws in 2019, Gov. 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 . To this day, the sheriffs in the survey are 83 per cent opposed to a national ban on assault weapons. 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. Washington state recently introduced bills for some of the strictest gun laws in the country but they have some very important opponents: the sheriffs. 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 both of these cases the inaction of the sheriff was flagrant and the violations of law about which nothing was done were many. 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. The quote by Sheriff Jones about "the popular vote" is a reference to the fact that last November, the people of Washington voted to pass Initiative 1639 (I-1639). Less than 34% of the $2.6 million Iowans have donated to an Iowa sheriffs' group in recent years has been used for the stated purpose of . The sheriff in defense denied knowledge of widespread gambling violations although responsible citizens had informed him by letter of alleged violations. Follow our team of columnists and reporters who write about the media. 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. 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. 225 (1916). 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). CONTACT US. violations of the criminal law, which shall come to their Kitsap County Sheriff John Gese also rejected Macks ideology. "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 preserve and protect the office of Sheriff. 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. 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 . The legislative session kicks off today in Olympia, and state lawmakers have a full agenda: gun regulations, education, big budget questions and more. professionalism, leadership development, It was a turning point for Songer. In 2013, CSPOA publicly distributed a list with the names of over 400 county sheriffs making the claim that these particular sheriffs would not enforce any new gun laws. One constitutional sheriff in Nevada went viral in 2019 for comparing gun control to Nazi Germany. "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. 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. Some members who are on horseback are meant to attend crime scenes and searches, as well as hunt their countys cougar population. Already, 2020 election deniers are recruiting county sheriffs to more closely watch over future elections. CSPOA is an extremist group which espouses similar rhetoric to Gale and Beach. The constitutional sheriff movement has its roots in the . 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 bottom line is that we have Constitutional duties with our oath of office," Lincoln County Sheriff Wade Magers told And here in Washington state, weve got some bad guys in government.. 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. The Sheriffs of Washington are elected and are constitutional officers 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 . . This American is a constitutionalist, a patriot, a husband, father, grandfather, businessman, firefighter, and In the county's only incorporated city, Republic, the police . 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. Visit invw.org/newsletters to sign up for weekly updates. Lacey, WA 98516. Nowhere does there appear any specific mandate to the sheriff to investigate criminal charges. The court stated that information of offenses received from responsible sources cannot be ignored. 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. More sheriffs may become radicalized because of the number of constitutional sheriffs and antigovernment groups intent on evangelizing to sheriffs about constitutional sheriff and conspiracy theory ideologies, which are often related. and the United States, the mission of the Washington State DENVER (AP) More than a dozen candidates campaigning to be top . Wildlife. CLARK KAUFFMAN Iowa Capital Dispatch. Though constitutional sheriffs' groups had been on . And executive officials are obligated to enforce those laws unless and until they are repealed or a court . Songer, along with Snohomish County Sheriff Adam Fortney and others, refused to enforce state COVID mandates. 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. 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. Two rural Nevada counties have joined "constitutional sheriff" Richard Mack's Constitutional Sheriffs and Peace Officers Association. 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. Its origins are in the American county supremacy movement, which includes two concepts that often work in tandem. He has previously declared that the greatest threat we face today is not terrorists; it is our own federal government.. "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. Your guarantee of this protection is insured by his oath to uphold the Constitution of our nation and state. 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.. 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. The COVID-19 crisis has spurred a growth in constitutional sheriffs across the country. Since then, the so-called constitutional sheriff movement has grown in Washington. 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. State v. McCarty, 104 Kans. That year, Mack shared their strategy with Fox News: We were actually strategizing to put all the women and children up front. Franklin County sheriff candidate Chris Turner, for example, said he believes the elected sheriff has greater authority than the federal or state government. 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. 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. 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. This posse comitatus based rallying cry continues to be the primary theme that permeates the ideology of CSPOA and other constitutional sheriffs across America. 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. The Washington State Sheriffs' Association has posted an open letter, appearing on the Facebook pages of several county sheriff's offices, stating its opposition to the gun control legislation proposed by Democrat Gov. 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. One of Southwest Washingtons most vocal opponents to pandemic restrictions recently contracted COVID-19, was hospitalized and continues to rely on oxygen. (Klickitat County Sheriffs Office photo). 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. WA Democrats hid messages on Chinese American History Month bill, Out & Back: A Portland club counters the racism of runnings hometown, Parasites are vanishing from WA waters. 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. Beginning in 2013, numerous sheriffs and county officials refused to enforce future gun control laws. 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 In 2019, they awarded Songer the Washington State Constitutional Sheriff of the Year Award. The Constitutional Sheriffs and Peace Officers Association (CSPOA), a network of local law enforcement founded in . Duly enacted laws are presumed to be constitutional. This joining together of the Sheriffs has allowed the . Mack has been associated with a long list of extremists. My No. Songer, along with Snohomish County Sheriff Adam Fortney and others, refused to enforce state COVID mandates. At some point if you end up with a corrupt government, if somebody is doing something that you believe is not constitutional, thats where the sheriff has not just the right, but a duty to intervene and uphold those laws, Burnett said in an interview. To provide immediate support to fellow sheriffs, law Kitsap County Sheriff John Gese also rejected Macks ideology. 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. 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. Sheriffs have some discretion when enforcing laws, but they do not have the power to decide what is constitutional like the judicial branch. 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. 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 . Every Sheriff and Commonwealth Attorney in Virginia will see the consequences if our General Assembly passes further unnecessary gun restrictions, Jenkins said. Its not just worrisome because they may decide not to enforce laws they disagree with. Constitutional Sheriff Scott Jenkins of Culpeper, Virginia, said he would deputize the citizens in his county if gun control laws were passed. 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. In that case an order of the governor removing a sheriff for nonfeasance of office was affirmed by the court. If their assertion brings to mind the anti-government, militia-supporting Oath Keepers organization, you are on the right track. Leaf, who has been openly friendly to militia in the past and questioned whether the men charged with kidnapping Gov. Such notions have long been promoted by figures like sheriff Richard Mack, who leads the Constitutional Sheriffs and Peace Officers Association. Gretchen Whitmer of Michigan were actually attempting a legal citizens arrest, claimed in the post that the Posse and Militia have more lawful character than the agencies that have recently arrested the Militia. Leaf is also associated with the sovereign citizen National Liberty Alliance. enforcement officers, and their respective agencies in times 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. What happened after the Jan. 6 confrontation in Olympia? Stream all three seasons only with OPB Passport! 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. He also held a spot on the board of directors of the nationwide Oath Keepers militia group until 2015. Jay Inslee because it is "inconsistent with Article I, Section 24 of the Washington State Constitution. serve and protect the people of Washington State, and to In 2014 he argued that the Maryland legislature was no longer a "valid . Your guarantee of this protection is insured by his oath to uphold the Constitution of our nation and state. King County recently made the sheriff an appointed position instead of an elected one. Theyve sort of cobbled together this theory based on authorities that dont really do what theyre claiming that they do.. 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. You can hear constitutional sheriff rhetoric in a number of incumbent candidates in states such as Washington, Wisconsin, and Massachusetts. In 2019, they awarded Songer the Washington State Constitutional Sheriff of the Year Award. . Cedric L. Alexander: Why reforming qualified immunity will never resolve police violence. 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