Two rural Nevada counties have joined "constitutional sheriff" Richard Mack's Constitutional Sheriffs and Peace Officers Association. Courtesy Klickitat County Sheriff's Office. 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. 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. They were also pivotal to the formation of the modern constitutional sheriff, militia and sovereign citizen movements, all of whom distrust or detest the government. 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. That should concern you, Right-wing "constitutional sheriffs" on the ballot in WA. When the group of Washington sheriffs defied the state gun laws in 2019, Gov. Mack went on a speaking junket in 2021, promoting the organization at a series of events alongside a long list of extremists. 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. Since then, the so-called constitutional sheriff movement has grown in Washington. within the Constitution of the State of Washington. 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. 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. Recent events have shown that local and federal politicians are eager to . Beginning in 2013, numerous sheriffs and county officials refused to enforce future gun control laws. 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. Constitutional Duty of the Sheriff - Richard Mack TOTAL STATE SHERIFFS ASSOCIATIONS: 17 Updated 02/22/2014 Note: A statement from a state association does not necessarily mean that every sheriff in the state supports it. This American is a constitutionalist, a patriot, a husband, father, grandfather, businessman, firefighter, and Theyve sort of cobbled together this theory based on authorities that dont really do what theyre claiming that they do.. Songer, along with Snohomish County Sheriff Adam Fortney and others, refused to enforce state COVID mandates. 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. 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. shall be the duty of all sheriffs to make complaint of all © 2022 Sheriff Constitutional. Bhattacharyya, too, has mixed feelings about appointed sheriffs. In 2014, Mack participated in the Bundy standoff against the U.S. government, in Bunkerville, Nevada, alongside his fellow Oath Keepers and additional militias. The constitutional sheriff movement has its roots in the Posse Comitatus ("power of the county") movement of the 1970s and '80s. 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. Such notions have long been promoted by figures like sheriff Richard Mack, who leads the Constitutional Sheriffs and Peace Officers Association. 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. Terms of Use and Privacy Policy. Instead, hed rather educate the public about what he calls the far-right agenda and hope voters make the right decision. Other sheriffs, however, took a strong stance against the idea that sheriffs have unilateral authority when reached by InvestigateWest. . People ask me all the time, Do you believe in enforcing the Constitution? Yes, absolutely. Duty to make complaint. (Klickitat County Sheriffs Office photo). Page3]] the sheriff represents the sovereignty of the state and he has no superior in his county. 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. The court stated that information of offenses received from responsible sources cannot be ignored. (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.) County Sheriffs in Illinois are defying the unconstitutional actions of the state. Lacey, WA 98516. 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. This issue became more evident in 2021 when constitutional sheriffs, including CSPOA, began to oppose state and federal COVID-19 health. We spoke with constitutional lawyer Jeffery Needle about the letter. Sign up to get important news and culture from around the Northwest, delivered to your inbox six days a week. If their assertion brings to mind the anti-government, militia-supporting Oath Keepers organization, you are on the right track. Michael Peroutka, a neo-Confederate, Christian Reconstructionist anti-LGBTQ activist who was the Constitution Party's presidential candidate in 2004. One county law, titled the Newton County Missouri Second Amendment Preservation Act was enacted in Newton County, on Feb. 3, 2021. 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. Thirteen sheriffs, however, went a step beyond merely expressing their displeasure. 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. Be a part of it! 322. Since 2015, Deschutes County has paid almost $3.5 million to defend and settle claims against Sheriff Shane Nelson and the sheriffs office. The duties of the sheriff, who is a constitutional officer, Article II, section 5 as amended;State v. Melton, 192 Wash. 379, 73 P. (2d) 1334, (1937), have been established by the legislature and appear in chapter 36.28 RCW. It is estimated that movement has about 10,000 supporters, including 3,000 sheriffs. Wilson Criscione, born and raised in Spokane, writes for InvestigateWest. For one, the word sheriff doesnt appear in the U.S. Constitution. In 2019, they awarded Songer the Washington State Constitutional Sheriff of the Year Award. Since then, the so-called "constitutional sheriff" movement has grown in Washington. He also held a spot on the board of directors of the nationwide Oath Keepers militia group until 2015. Sheriff Myers is an active member. cooperation may be had with other public officials and The protection of these rights come under the jurisdiction of the county Constitutional Sheriff. It certainly means passing laws that make sheriffs just as accountable to democratic governance as any other law enforcement officer. The sheriff in defense denied knowledge of widespread gambling violations although responsible citizens had informed him by letter of alleged violations. 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. We cannot have individual law enforcement officers arbitrarily decide what laws to enforce., In addition to defiance over coronavirus laws, Songer, along with constitutional sheriff Mark Lamb of Pinal County, Arizona, formed their own sheriffs posses. The Constitutional Sheriffs and Peace Officers Association, or CSPOA, spells out this tenet on its website. 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. "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. The Sheriffs of Washington are elected and are constitutional officers within the Constitution of the State of Washington. 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. CLARK KAUFFMAN Iowa Capital Dispatch. Its not just worrisome because they may decide not to enforce laws they disagree with. Instead, hed rather educate the public about what he calls the far-right agenda and hope voters make the right decision. The so-called "constitutional sheriff" movement has grown in Washington. 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. 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. 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. Plaintiffs claim the Indian Child Welfare Act and the Indian Gaming Regulatory Act are racially discriminatory against non-Indigenous people. These assertions are often accepted by lawmakers without challenge thus moving anti-government and racist ideas from the fringe to the policymaking mainstream. Throughout 2021, CSPOA held seminars and trainings meant to radicalize the sheriffs into believing they have ultimate U.S. law enforcement authority and are, as CSPOA presents it to them through online and in-person presentations, Americas last hope.. I will follow the rule of law, Klickitat County Sheriff Bob Songer said at the time, when I believe its constitutional.. All of them, including the sheriffs and militias, seemed to be associating with and friendly with each other, according to a person at the scene. Take the example of Virginia, where in 2020 the state legislature passed a law allowing local governments to establish civilian oversight of police departments. 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. One morning last year, around 60 sheriffs and . 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. Thousands violate unconstitutional Washington state gun law. In recent months, a group of self-proclaimed "constitutional sheriffs" in Washington state has . 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. 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. I think its a decision that communities have to make on their own, she said. So much for prime time. Klickitat County Sheriff Bob Songer is a member of the Constitutional Sheriffs and Peace Officers Association, a far-right, anti-government group that wrongly . RCW 36.28.010 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. Songer, along with Snohomish County Sheriff Adam Fortney and others, refused to enforce state COVID mandates. Jan. 17, 2023 He was a major funder of former Alabama Chief Justice Roy Moore's political career and other religious-right efforts. 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. 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 . Sheriffs has allowed the Sheriffs to assist each other in fulfilling their duties and obligations to the people of this state as (by CSPOA on Dec 17, 2014) The New American reports: "Local media in Olympia, Washington, covered Gavin Seim's "We Will. 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. Bhattacharyya said the worst case scenario would be if these sheriffs are emboldened to meddle with the elections process. the 39 Sheriffs joined together in 1984 to form this Bhattacharyya said the worst-case scenario would be if these sheriffs are emboldened to meddle with the elections process. In order to improve and provide effective service and protection to all citizens of Washington, 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. 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. She/he is elected to safeguard the rights of the people and exercise the powers that the public has entrusted to him or her. This posse comitatus based rallying cry continues to be the primary theme that permeates the ideology of CSPOA and other constitutional sheriffs across America. One constitutional sheriff in Nevada went viral in 2019 for comparing gun control to Nazi Germany. Your guarantee of this protection is insured by his oath to uphold the Constitution of our nation and state. 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. 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 . Because theres not a great way to hold them accountable, other than by not electing them.. 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. . 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. Anderson on Sheriffs, 44. 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 . 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. A similar result was reached in State v. Reichman, 135 Tenn. 685, 188 S.W. Follow our team of columnists and reporters who write about the media. 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. And here in Washington state, weve got some bad guys in government.. 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. 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. 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. There are not a lot of formal consequences, because theyre elected, Bhattacharyya said. 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. 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 . 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. 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. 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. 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. The prosecuting attorney and the sheriff are both constitutional, popularly elected officers whose spheres of authority, while springing from the same source, are separate and distinct. 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. The Washington State Sheriffs Association's letter said sheriffs are responsible for two tasks. In answer to your second question, it appears that a county prosecutor has no authority to compel any act by the sheriff. To study emerging common issues and develop responses. Thousands violate unconstitutional Washington state gun law. 1 goal is to protect and serve and enforce the laws of the state, Morrison said. 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. The oath that sheriffs take is not unique. federal lawmakers on criminal justice issues. Because theres not a great way to hold them accountable, other than by not electing them.. 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. SHERIFFS, PROSECUTING ATTORNEYS - DUTIES AND POWERS. The court added he need not patrol the streets as the police do, but he must keep his eyes and ears open for public offenses. Some Sheriff's Candidates Run on Not Enforcing Certain Laws. 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. Duly enacted laws are presumed to be constitutional. 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 constitutional sheriff movement has its roots in the . He has previously declared that the greatest threat we face today is not terrorists; it is our own federal government.. 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. King County recently made the sheriff an appointed position instead of an elected one. Hoping to quell their constituents' fears, the Washington State Sheriffs' Association put out a statement last week affirming their commitment to uphold the Constitution - specifically, the Second Amendment. 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. CSPOA is an extremist group which espouses similar rhetoric to Gale and Beach. Already, 2020 election deniers are recruiting county sheriffs to more closely watch over future elections. As gun laws throughout the west have gradually . Sheriffs closer to the mainstream have also played a role in undermining police accountability. . enforcement community. These few, vocal sheriffs who have gone a little bit rogue are very concerning, she said. 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. uphold the Constitution and laws of the State of Washington, The job of this specific sheriff is to protect your personal rights against all foreign and domestic threats. 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. 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. Group of Washington roots in the U.S. Constitution besides tell the Washington state constitutional &! Second question, it appears that a county prosecutor has no superior in his county,. Sheriffs closer to the mainstream have also played a role in undermining police accountability,... 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