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 . General duties. Sheriffs across the state are predictably opposed to such a move, but even those most concerned with rogue constitutional sheriffs dont love that idea. 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. The concept of the constitutional sheriff is a subset of the larger antigovernment movement. This farcical argument flies in the face of decades of civilian oversight of elected sheriffs. In 2014 he argued that the Maryland legislature was no longer a "valid . 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 . Bhattacharyya said the worst case scenario would be if these sheriffs are emboldened to meddle with the elections process. The AGs office did not return a message seeking comment for this article. The COVID-19 crisis has spurred a growth in constitutional sheriffs across the country. serve and protect the people of Washington State, and to Bushmans network also syndicates the white nationalist radio show Political Cesspool, hosted by James Edwards and Keith Alexander, which has invited numerous guests from the white nationalist and neo-confederate movements. Elected sheriffs are accountable directly to the Constitution (United States and Washington state, in this case) and to the people. People ask me all the time, Do you believe in enforcing the Constitution? Yes, absolutely. Jay Inslee because it is "inconsistent with Article I, Section 24 of the Washington State Constitution. 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. These few, vocal sheriffs who have gone a little bit rogue are very concerning, she said. Richard Mack, the founder of the Constitutional Sheriffs and Peace Officers Association and a former board member of the Oath Keepers, speaks at a 2020 event in Nevada alongside several sheriffs. It was attended by the Proud Boys and anti-immigrant group AZ Patriots. InvestigateWest reached out to each sheriff candidate in Washington hoping to clarify how they view a sheriffs authority. The office of sheriff is a constitutional office created by Article 11, 5 of the Washington State Constitution (Amendment 12) which reads in part as follows: "The legislature, by general and uniform laws, shall provide for the election in the several . 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. To preserve and protect the office of Sheriff. Its not just worrisome because they may decide not to enforce laws they disagree with. 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. Klickitat County Sheriff, Bob Songer, Republic police chief Loren Culp, and Ferry County Sheriff Ray Maycumber are among those who have publicly vowed not to enforce the new unconstitutional gun laws. These assertions are often accepted by lawmakers without challenge thus moving anti-government and racist ideas from the fringe to the policymaking mainstream. Washington State Sheriffs' Association. 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. 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. 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. the 39 Sheriffs joined together in 1984 to form this Since 2015, Deschutes County has paid almost $3.5 million to defend and settle claims against Sheriff Shane Nelson and the sheriffs office. Mack is a former Graham County, Arizona, sheriff and a former Oath Keepers board member. The Sheriffs of Washington are elected and are constitutional officers within the Constitution of the State of Washington. For one, the word sheriff doesnt appear in the U.S. Constitution. 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. In Washington, a sheriff can be removed through a recall process just like any other elected politician, but recall efforts are typically unsuccessful. Sign up to get important news and culture from around the Northwest, delivered to your inbox six days a week. Schneider. 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. 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. Mack has been associated with a long list of extremists. issues of mutual concern. Two rural Nevada counties have joined "constitutional sheriff" Richard Mack's Constitutional Sheriffs and Peace Officers Association. Songer, along with Snohomish County Sheriff Adam Fortney and others, refused to enforce state COVID mandates. We spoke with constitutional lawyer Jeffery Needle about the letter. 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. The court stated that information of offenses received from responsible sources cannot be ignored. 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. This idea was pioneered by Christian identity minister William Potter Gale in the 1970s as Posse Comitatus, which is Latin for the power of the county. The constitutional sheriff movement has its roots in the . In defense to a petition for removal the sheriff insisted he was under no duty to do detective services to discover violations of law. To maintain a close working relationship with WASPC on Because theres not a great way to hold them accountable, other than by not electing them.. the chief law enforcement officers of their respective counties. 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. 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. Franklin County sheriff candidate Chris Turner, for example, said he believes the elected sheriff has greater authority than the federal or state government. Thats part of my oath, Gese said. The Constitutional Sheriffs and Peace Officers Association, or CSPOA, spells out this tenet on its website. This joining together of the Sheriffs has allowed the . shall be the duty of all sheriffs to make complaint of all InvestigateWest. In order to improve and provide effective service and protection to all citizens of Washington, Because sheriffs have the power to detain people, they often play a role in immigration enforcement. Not partially or totally mentally incapacitated. 3060 Willamette Drive, NE #200. My No. Its virtually the same as the oath that every other government officer takes, said Bhattacharyy. "It's dangerous because it shows an extreme bias by the sheriffs of Washington state in favor of Second Amendment rights . One constitutional sheriff in Nevada went viral in 2019 for comparing gun control to Nazi Germany. For Songer, it was a tipping point. professionalism, leadership development, This idea was pioneered by Christian identity minister William Potter Gale in the 1970s and described as Posse Comitatus. Leaf invoked posse comitatus in a Facebook post on Aug. 2, 2021, declaring that a sheriffs posse was necessary to suppress rioting. In 2019, they awarded Songer the Washington State Constitutional Sheriff of the Year Award. 309. 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. (Scott said reform talks had collapsed because Democrats supported defunding the police, but the FOP and International Association of Chiefs of Police publicly disputed that characterization.) 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. Lacey, WA 98516. So much for prime time. (by CSPOA on Dec 17, 2014) The New American reports: Local media in Olympia, Washington, covered Gavin Seims We Will. violations of the criminal law, which shall come to their In the county's only incorporated city, Republic, the police . And executive officials are obligated to enforce those laws unless and until they are repealed or a court . The job of this specific sheriff is to protect your personal rights against all foreign and domestic threats. I will follow the rule of law, Klickitat County Sheriff Bob Songer said at the time, when I believe its constitutional.. In recent months, a group of self-proclaimed "constitutional sheriffs" in Washington state has . Its not just worrisome because they may decide not to enforce laws they disagree with. The fringe ideology of "constitutional sheriffs" is attracting believers within Texas law enforcement. In both of these cases the inaction of the sheriff was flagrant and the violations of law about which nothing was done were many. King County recently made the sheriff an appointed position instead of an elected one. 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. 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. . Some 50 Texas sheriffs and numerous elected officials have attended trainings on the . That year, Mack shared their strategy with Fox News: We were actually strategizing to put all the women and children up front. 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. In reversing a decree refusing to remove the sheriff, the court held that the duties of the sheriff cannot be performed without some degree of diligence to inform himself of conditions in his county. To better The oath that sheriffs take is not unique. Gale promoted the formation of citizens militias, making the claim that all healthy men between the ages of eighteen and forty-five who were not in the military could be mobilized into a posse comitatus to redress their grievances, according to the book Aryan Cowboys: White Supremacists and the Search for a New Frontier, 1970-2000. You can hear constitutional sheriff rhetoric in a number of incumbent candidates in states such as Washington, Wisconsin, and Massachusetts. bodies in performance of their duties. I will follow the rule of law, Klickitat County Sheriff Bob Songer said at the time, when I believe its constitutional.. Those without horses are auxiliary, according to Songer. Thousands violate unconstitutional Washington state gun law. The Constitutional Sheriff spans this chasm between you and the miscreants that would rob you of these inalienable rights. Kittitas County Sheriff Clay Myers is the current president of the Washington State Sheriffs Association. People ask me all the time, Do you believe in enforcing the Constitution? Yes, absolutely. 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. As gun laws throughout the west have gradually . Mack told the Washington Post that about 300 of the nation's 3,000 sheriffs belong to the Constitutional Sheriffs and Peace Officers Association. 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. The Constitutional Sheriffs and Peace Officers Association (CSPOA), a network of local law enforcement founded in . uphold the Constitution and laws of the State of Washington, He has previously declared that the greatest threat we face today is not terrorists; it is our own federal government.. When the sheriffs could not be persuaded that was that. 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. 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. Visit invw.org/newsletters to sign up for weekly updates. 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 . 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 . Courtesy Klickitat County Sheriff's Office. 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. 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. of need. 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. 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. - Walter H. Anderson, in Sheriffs, Coroners and Constables. Nowhere does there appear any specific mandate to the sheriff to investigate criminal charges. 307, 179 Pac. Other sheriffs, however, took a strong stance against the idea that sheriffs have unilateral authority when reached by InvestigateWest. 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. 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. Duty to make complaint. Joe Harris, running for sheriff in Grant County, said in an interview that if there were a state or federal law that he didnt think was constitutional, then he would not enforce it. And with . within the Constitution of the State of Washington. Though constitutional sheriffs' groups had been on . 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. 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. I dont think the Constitution gives sheriffs a greater degree of authority over state or federal officials.. 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. A Minnesota case,In re Olson, 211 Minn. 114, 300 N.W. Be a part of it! 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. They announced they would defy the new gun laws because, in their interpretation, they violated the U.S. Constitution. 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. Published on: May 18, 2016 and updated on May 18, 2016. Association. That's not a "movement" as Ms. Donnelly suggests - that's a fact of the position. Recent events have shown that local and federal politicians are eager to . Enter Your Email Address To Get Exclusive Updates Directly From Sheriff Mack! 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 Washington State Sheriffs Association's letter said sheriffs are responsible for two tasks. Higley, AZ, SPLC is a nonprofit, tax-exempt 501(c)(3) organization (EIN: 63-0598743), Local Policing and Immigration Enforcement, Request for Legal Assistance Economic Justice, mass shooting at an Aurora, Colorado, movie theater, Sandy Hook Elementary School in Newtown, Connecticut, shooting at Marjorie Stoneman Douglas High School, openly defied his governors stay-at-home orders, were actually attempting a legal citizens arrest, antisemitic conspiracy theorist Robert David Steele. Theyve sort of cobbled together this theory based on authorities that dont really do what theyre claiming that they do.. In answer to your second question, it appears that a county prosecutor has no authority to compel any act by the sheriff. It is a federal crime for politician to compromise their oath or sells your unalienable rights or freedom for monetary gain. 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. and the United States, the mission of the Washington State 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. This . Other sheriffs, however, took a strong stance against the idea that sheriffs have unilateral authority when reached by InvestigateWest. In the exercise of executive and administrative functions and in conserving the public peace [[Orig. 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. Constitutional Sheriff and Peace Officers National Operations Director Sam Bushman owns Liberty News Radio, which produces his own show Liberty Roundtable, where he has hosted antigovernment figures such as Stewart Rhodes, Scott Bradley of Freedom Rising Sun and members of the John Birch Society. 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 . Franklin County sheriff candidate Chris Turner, for example, said he believes the elected sheriff has greater authority than the federal or state government. SHERIFFS, PROSECUTING ATTORNEYS - DUTIES AND POWERS. 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. 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. As reported by WWNY, that responsibility and those boundaries, he says, should be set by people, not local law enforcement.. In Snohomish County, efforts to recall Sheriff Fortney over his refusal to enforce pandemic restrictions failed. There are but few cases concerning the extent to which there is a duty on the part of the sheriff to investigate criminal charges under common law. 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.. We rely on donations from readers like you to sustain Crosscut's in-depth reporting on issues critical to the PNW. Bhattacharyya said the worst-case scenario would be if these sheriffs are emboldened to meddle with the elections process. 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. The oath that sheriffs take is not unique. 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