By SHANNON NAJMABADI, The Colorado Sun. 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. 2023 Cascade Public Media. To this day, the sheriffs in the survey are 83 per cent opposed to a national ban on assault weapons. 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. Two rural Nevada counties have joined "constitutional sheriff" Richard Mack's Constitutional Sheriffs and Peace Officers Association. 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. On the other hand, Burnett is one of the 17 sheriffs to endorse Songer this election cycle. 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. They announced they would defy the new gun laws because, in their interpretation, it violated the U.S. Constitution. (by CSPOA on Dec 17, 2014) The New American reports: "Local media in Olympia, Washington, covered Gavin Seim's "We Will. CSPOA is an extremist group which espouses similar rhetoric to Gale and Beach. This issue became more evident in 2021 when constitutional sheriffs, including CSPOA, began to oppose state and federal COVID-19 health. In Snohomish County, efforts to recall Sheriff Fortney over his refusal to enforce pandemic restrictions failed. More recently, Mack and the association have been focused on resisting COVID mandates and encouraging sheriffs to investigate unfounded conspiracies about the 2020 election. issues of mutual concern. Since the 2021 attack on the capitol campus, security has increased, two people have faced prosecution and reporters continue to feel the shock. For Songer, it was a tipping point. Wilson Criscione, born and raised in Spokane, writes for InvestigateWest. Your guarantee of this protection is insured by his oath to uphold the Constitution of our nation and state. Richard Mack has built a "Constitutional sheriff" movement to resist state and federal authority on guns, COVID-19 and now election results. 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. He also held a spot on the board of directors of the nationwide Oath Keepers militia group until 2015. Since then, the so-called "constitutional sheriff" movement has grown in Washington and other . RCW Leaf, who has been openly friendly to militia in the past and questioned whether the men charged with kidnapping Gov. InvestigateWest. Instead, hed rather educate the public about what he calls the far-right agenda and hope voters make the right decision. This included Red Pill Expo, a whos who of antigovernment figures hosted by well-known conspiracy theorist G. Edward Griffin, a QAnon sovereign citizen rally in Hawaii, the Rod of Iron Ministries Freedom Festival and the Arise USA tour, hosted by the late antisemitic conspiracy theorist Robert David Steele where Mack was a speaker and CSPOAs name was emblazoned on the side of the tour bus. 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. In 2019, they awarded Songer the Washington State Constitutional Sheriff of the Year Award. 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. The job of this specific sheriff is to protect your personal rights against all foreign and domestic threats. 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. 307, 179 Pac. 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. Listen to the Story, Saving Skagit County. Kittitas County Sheriff Clay Myers is the current president of the Washington State Sheriffs Association. Out of 39 counties in Washington, 17 current sheriffs endorsed Songer. County Sheriffs in Illinois are defying the unconstitutional actions of the state. Carpinelli says at the end of the day, its about respecting each other and each others boundaries when it comes to concerns about the virus. 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. You get the latest CSPOA updates & access more training to know your rights! 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. June 25, 2022, at 10:10 a.m. "The bottom line is that we have Constitutional duties with our oath of office," Lincoln County Sheriff Wade Magers told 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. Elections are the best way to hold people accountable, she said. CSPOA lifetime member and constitutional sheriff Bob Songer of Klickitat, Washington, forwarded an email from Mack to multiple Washington sheriffs titled You Swore and Oath to Our Constitution where he claimed, No Governors proclamations order can override your liberties without violating your constitutional rights even during a crisis. Songers stance remained the same even after he was hospitalized for five days with COVID-19. 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. 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. 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. 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). 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. 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 Supreme Court sided with Mack and Printz on June 27, 1997, determining that the Constitution did not impel state officers to carry out federal duties without their consent. Distinct from Sheriffs, the Militia are explicitly incorporated within the Constitution of the United States. Illinois sheriffs who are refusing to enforce the state's new gun-control law are engaged in "political grandstanding" and are endangering the lives of residents, Democratic Governor J.B. Pritzker's office said on Monday.. Last week, Pritzker signed the Protect Illinois Communities Act, which prohibits the possession of semi-automatic rifles such as the AR-15 and paves the way for . Thats part of my oath, Gese said. 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. I dont care if its George Washington himself, they cannot tell us what to do., The group justifies this by declaring that constitutional sheriffs are upholding and defending the constitution.. Other sheriffs, however, took a strong stance against the idea that sheriffs have unilateral authority when reached by InvestigateWest. 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. 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. Klickitat County Sheriff Bob Songer has in recent years embodied the Constitutional Sheriff movement. Virginia Republicans Promised a "Reasonable" Abortion Law. Because theres not a great way to hold them accountable, other than by not electing them.. CONTACT US. cooperation may be had with other public officials and 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. 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 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. 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. Thats part of my oath, Gese said. "It's dangerous because it shows an extreme bias by the sheriffs of Washington state in favor of Second Amendment rights . He was a major funder of former Alabama Chief Justice Roy Moore's political career and other religious-right efforts. 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. 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 . The AGs office did not return a message seeking comment for this article. Kitsap County Sheriff John Gese also rejected Macks ideology. Bhattacharyya said the worst case scenario would be if these sheriffs are emboldened to meddle with the elections process. 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. In Snohomish County, efforts to recall Sheriff Fortney over his refusal to enforce pandemic restrictions failed. 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. One constitutional sheriff in Nevada went viral in 2019 for comparing gun control to Nazi Germany. 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 so-called "constitutional sheriff" movement has grown in Washington. 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. within the Constitution of the State of Washington. 36.28.011 The sheriff is the chief executive officer and conservator of the peace of the county. 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. 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. It declares, Any and all federal agents trying to enforce the regulations as they had stipulated shall be subject to arrest by the Newton County Missouri Sheriffs Department.. And here in Washington state, weve got some bad guys in government.. 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. 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. enforcement community. 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. Because theres not a great way to hold them accountable, other than by not electing them.. Of course, if the situation should arise in which a sheriff had committed a misdemeanor such as set out in RCW 36.28.140, or misconduct as set out in chapter 42.20 RCW, it would then become the duty of the county prosecuting attorney to prosecute the action in behalf of the county and the state, but this authority can be exercised only in respect to prior action or inaction of the sheriff and cannot be used prospectively to move the sheriff to any action. the chief law enforcement officers of their respective counties. it has always been accorded with great dignity and high trust" OPBs critical reporting and inspiring programs are made possible by the power of member support. Songer, along with Snohomish County Sheriff Adam Fortney and others, refused to enforce state COVID mandates. The Sheriffs of Washington are elected and are constitutional officers SHERIFFS, PROSECUTING ATTORNEYS - DUTIES AND POWERS. I dont think the Constitution gives sheriffs a greater degree of authority over state or federal officials.. Constitutionalist sheriffs in charge: Constitutionalist sheriffs believe that the Constitution appoints sheriffs as the ultimate law enforcement authority, even above the federal government.The . 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. Fringe sheriffs from across the country have refused to enforce the rules inside their county lines. Not partially or totally mentally incapacitated. This office has not rendered any prior opinions on this matter. Using sheriffs to challenge laws is a part of . And executive officials are obligated to enforce those laws unless and until they are repealed or a court . 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 . 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. Elected sheriffs are accountable directly to the Constitution (United States and Washington state, in this case) and to the people. 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. 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. If their assertion brings to mind the anti-government, militia-supporting Oath Keepers organization, you are on the right track. Bhattacharyya said the worst-case scenario would be if these sheriffs are emboldened to meddle with the elections process. 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. King County recently made the sheriff an appointed position instead of an elected one. Lamb called his posse, created in 2020, a citizens academy but said they are also a resource should we need them. In December 2020, Lamb gave an update on Facebook about the posse, telling the audience that hundreds of people had graduated from the training and he was looking forward to getting a lot more of you in there and getting you trained as well.. The Washington Standard / January 17, 2023. The Constitutional Sheriffs and Peace Officers Association, or CSPOA, spells out this tenet on its website. Mack has been associated with a long list of extremists. Constitutional Sheriff Scott Jenkins of Culpeper, Virginia, said he would deputize the citizens in his county if gun control laws were passed. Sheriffs and ICE. In answer to your second question, it appears that a county prosecutor has no authority to compel any act by the sheriff. Its virtually the same as the oath that every other government officer takes, said Bhattacharyya. Nevertheless the rule laid down is that the sheriff must use initiative in discovering violations and must follow up information received from responsible sources. 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 . 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 Constitutional Sheriff is a judicial officer, that "shall be elected by the qualified voters of their respective counties for a term of four years and shall have such qualifications . Sheriffs across the state are predictably opposed to such a move, but even those most concerned with rogue constitutional sheriffs dont love that idea. One of Southwest Washingtons most vocal opponents to pandemic restrictions recently contracted COVID-19, was hospitalized and continues to rely on oxygen. 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. Visit invw.org/newsletters to sign up for weekly updates. One such case is is Florida, listed below. Some members who are on horseback are meant to attend crime scenes and searches, as well as hunt their countys cougar population. 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. [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 2014, Mack participated in the Bundy standoff against the U.S. government, in Bunkerville, Nevada, alongside his fellow Oath Keepers and additional militias. Recent events have shown that local and federal politicians are eager to . uphold the Constitution and laws of the State of Washington, To people like Michael German, a former FBI special agent who embedded with militias and is . 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 . 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. On Apr. 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. 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. This . Songer has been a prominent voice for Macks group after Mack celebrated his stance on Washingtons gun laws. 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. For Songer, it was a tipping point. The constitutional sheriff movement has its roots in the Posse Comitatus ("power of the county") movement of the 1970s and '80s. Any oath taking official that violates their oath of office and enters this county without my permission shall be lawfully arrested! Furthermore, any treasonous acts attempted IN OUR COUNTY will be prosecuted! By: Robert DavisSheriffs in Washington State are caught in a catch-22 between the state's sweeping gun control rules, Initiative 1639, and waiting until the courts decide whether or not the provisions contained therein are Constitutional. 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. 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. InvestigateWest (invw.org) is an independent news nonprofit dedicated to investigative journalism in the Pacific Northwest. 3060 Willamette Drive, NE #200. When the group of Washington sheriffs defied the state gun laws in 2019, Gov. 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. 1125 Washington St SE PO Box 40100 Olympia, WA 98504 (360) 753-6200 In the exercise of executive and administrative functions and in conserving the public peace [[Orig. Supporter of Constitutional Sheriffs Article 11, 5 of Washington State. Constitutional sheriffs assert they have the power not only to enforce the law but to be the ultimate arbiters of what the law is in their counties. 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. 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. It is a federal crime for politician to compromise their oath or sells your unalienable rights or freedom for monetary gain. These few, vocal sheriffs who have gone a little bit rogue are very concerning, she said. "In my 30 years in law enforcement, I have never seen a bill passed like this, and signed into law that was on his face, so unconstitutional." Sheriffs have a lot of power, but ruling a law . Jan. 17, 2023 Terms of Use and Privacy Policy. 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. Stream all three seasons only with OPB Passport! 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