Songer, along with Snohomish County Sheriff Adam Fortney and others, refused to enforce state COVID mandates. 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.. For Songer, it was a tipping point. The sheriff is the chief executive officer and conservator of the peace of the county. By SHANNON NAJMABADI, The Colorado Sun. Franklin County sheriff candidate Chris Turner, for example, said he believes the elected sheriff has greater authority than the federal or state government. 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. Other sheriffs, however, took a strong stance against the idea that sheriffs have unilateral authority when reached by InvestigateWest. My No. The group has an advisory board with a host of constitutional sheriffs. On Apr. Songer, along with Snohomish County Sheriff Adam Fortney and others, refused to enforce state COVID mandates. 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 . Page3]] the sheriff represents the sovereignty of the state and he has no superior in his county. 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 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 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. 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. Published on: May 18, 2016 and updated on May 18, 2016. I will follow the rule of law, Klickitat County Sheriff Bob Songer said at the time, when I believe its constitutional.. So much for prime time. 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. CLARK KAUFFMAN Iowa Capital Dispatch. (Although even the National Sheriffs Association notes that this oath is taken by every law enforcement officer and confers no special authority on sheriffs.) 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). This idea was pioneered by Christian identity minister William Potter Gale in the 1970s and described as Posse Comitatus. . A new national constitutional sheriffs group also emerged in 2021. InvestigateWest (invw.org) is an independent news nonprofit dedicated to investigative journalism in the Pacific Northwest. The so-called "constitutional sheriff" movement has grown in Washington. cspoa. To improve public awareness of criminal justice issues. 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. As gun laws throughout the west have gradually . It was attended by the Proud Boys and anti-immigrant group AZ Patriots. He nears reelection even as multiple similarly molded sheriff candidates lost. 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. Sheriffs and ICE. Mack compared sheriffs who refused to enforce the stay-at-home orders to civil rights activist Rosa Parks and claimed a sheriff who refused to enforce his own states executive order was standing against Nazi tactics. 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. Your guarantee of this protection is insured by his oath to uphold the Constitution of our nation and state. Fringe sheriffs from across the country have refused to enforce the rules inside their county lines. THIS SHALL NOT BE TOLERATED IN SKAGIT COUNTY, https://www.facebook.com/groups/398181945263311/, Elect Kevin Ewing For Constitutional Sheriff of Skagit County. But the Republican lead on the bill, Sen. Tim Scott (S.C.), refused to agree to anything that didnt have the support of the National Sheriffs Association, the largest sheriffs association in the country. 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. 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 . What Is A Constitutional Sheriff? 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 The concept of the constitutional sheriff is a subset of the larger antigovernment movement. 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. 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. bodies in performance of their duties. 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. Whether either court would have upheld an order of removal had the nonfeasance consisted of failure to investigate merely one or a few alleged violations of which the sheriff had been informed, of course, is doubtful. knowledge, within their respective jurisdictions. 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. Its virtually the same as the oath that every other government officer takes, said Bhattacharyya. 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. Sheriffs have some discretion when enforcing laws, but they do not have the power to decide what is constitutional like the judicial branch. June 25, 2022, at 10:10 a.m. The other is focused on the role of the county sheriff, who they believe has ultimate law enforcement authority in the United States. On the other hand, Burnett is one of the 17 sheriffs to endorse Songer this election cycle. He was a major funder of former Alabama Chief Justice Roy Moore's political career and other religious-right efforts. Since then, the so-called "constitutional sheriff" movement has grown in Washington and other . The sheriff in defense denied knowledge of widespread gambling violations although responsible citizens had informed him by letter of alleged violations. 1 goal is to protect and serve and enforce the laws of the state, Morrison said. Nowhere does there appear any specific mandate to the sheriff to investigate criminal charges. In Ferry county in eastern Washington, more than 72% of voters rejected I-1639. 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. The sheriffs protection starts when he tells the intruder, by the power vested in me by the Constitutions of the United States and the State of Washington, you are noticed you will not be admitted into this county. Thirteen sheriffs, however, went a step beyond merely expressing their displeasure. 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 . 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. Enter Your Email Address To Get Exclusive Updates Directly From Sheriff Mack! Sheriffs have some discretion when enforcing laws, but they do not have the power to decide what is constitutional like the judicial branch. 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. 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. 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. Its not just worrisome because they may decide not to enforce laws they disagree with. Terms of Use and Privacy Policy. Duty to make complaint. By subscribing, you agree to receive occasional membership emails from Crosscut/Cascade Public Media. 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. In the county's only incorporated city, Republic, the police . One such case is is Florida, listed below. Many of them have equated government-enacted health guidelines regarding masks and vaccines with tyranny. I dont think thats the right tool, Burghart said. . Phone: (360) 486-2380 FAX: (360) 486-2381. 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. 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. To study emerging common issues and develop responses. 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. 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. 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. The Constitutional Sheriffs and Peace Officers Association (CSPOA), a network of local law enforcement founded in . Stream all three seasons only with OPB Passport! To people like Michael German, a former FBI special agent who embedded with militias and is . Thirteen sheriffs, however, went a step beyond merely expressing their displeasure. For one, the word sheriff doesnt appear in the U.S. Constitution. More recently, Mack and the association have been focused on resisting COVID mandates and encouraging sheriffs to investigate unfounded conspiracies about the 2020 election. 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. County Sheriffs in Illinois are defying the unconstitutional actions of the state. It was a turning point for Songer. The Constitutional Sheriff spans this chasm between you and the miscreants that would rob you of these inalienable rights. To provide a centralized body through which prompt 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. SHERIFFS, PROSECUTING ATTORNEYS - DUTIES AND POWERS. 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 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. cooperation may be had with other public officials and Sheriffs resisting police reform efforts, whether or not they are part of the constitutional sheriff movement, have cited its false tenets. 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. 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. 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. Not partially or totally mentally incapacitated. 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 . 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. Contending that this authority supersedes that of all other government officials including state governors and the president they refuse to enforce a range of public safety laws, from local mask mandates to state and federal gun laws. - Walter H. Anderson, in Sheriffs, Coroners and Constables. Since 2015, Deschutes County has paid almost $3.5 million to defend and settle claims against Sheriff Shane Nelson and the sheriffs office. In 2014 he argued that the Maryland legislature was no longer a "valid . Bhattacharyya said the worst-case scenario would be if these sheriffs are emboldened to meddle with the elections process. When the group of Washington sheriffs defied the state gun laws in 2019, Gov. of need. The Washington State Sheriffs Association's letter said sheriffs are responsible for two tasks. 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. State v. Melton, supra. Nearly half of those surveyed by The Marshall Project said they believe their power outranks the government's. Virginia Republicans Promised a "Reasonable" Abortion Law. Sheriffs across the state are predictably opposed to such a move, but even those most concerned with rogue constitutional sheriffs dont love that idea. In the exercise of executive and administrative functions and in conserving the public peace [[Orig. He also held a spot on the board of directors of the nationwide Oath Keepers militia group until 2015. uphold the Constitution and laws of the State of Washington, These few, vocal sheriffs who have gone a little bit rogue are very concerning, she said. Take the example of Virginia, where in 2020 the state legislature passed a law allowing local governments to establish civilian oversight of police departments. It is a federal crime for politician to compromise their oath or sells your unalienable rights or freedom for monetary gain. Sheriff Myers is an active member. 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. 322. Constitutional Sheriff Scott Jenkins of Culpeper, Virginia, said he would deputize the citizens in his county if gun control laws were passed. The defiance of the sheriffs is an act of interposition and a demonstration of the lesser magistrate doctrine. 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. And that's why Sheriff Mack is so important to this tour." . 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 . Article 11, 5 of the Washington State Constitution denotes "The sheriff" is the chief executive officer and conservator of the peace of the county. . Some of the sheriffs who declined to enforce these laws are constitutional sheriffs. 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 protection of these rights come under the jurisdiction of the county Constitutional Sheriff. A similar result was reached in State v. Reichman, 135 Tenn. 685, 188 S.W. 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 . 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.. Kitsap County Sheriff John Gese also rejected Macks ideology. 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. enforcement community. 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. This joining together of the Sheriffs has allowed the . Songer, along with Snohomish County Sheriff Adam Fortney and others, refused to enforce state COVID mandates. Thousands violate unconstitutional Washington state gun law. Such notions have long been promoted by figures like sheriff Richard Mack, who leads the Constitutional Sheriffs and Peace Officers Association. His ideas went on to influence sovereign citizens and militia . Not only did it land him on far-right conspiracy theorist Alex Jones' show, but his stance also caught the attention of the Constitutional Sheriffs and Peace Officers Association, a far-right, anti-government group that falsely claims a sheriff's powers exceed those of state and federal agency . This posse comitatus based rallying cry continues to be the primary theme that permeates the ideology of CSPOA and other constitutional sheriffs across America. In that case an order of the governor removing a sheriff for nonfeasance of office was affirmed by the court. Theyve sort of cobbled together this theory based on authorities that dont really do what theyre claiming that they do.. And here in Washington state, weve got some bad guys in government.. 1125 Washington St SE PO Box 40100 Olympia, WA 98504 (360) 753-6200 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. These few, vocal sheriffs who have gone a little bit rogue are very concerning, she said. 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. 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 spoke with constitutional lawyer Jeffery Needle about the letter. In 2014, Mack participated in the Bundy standoff against the U.S. government, in Bunkerville, Nevada, alongside his fellow Oath Keepers and additional militias. There are not a lot of formal consequences, because theyre elected, Bhattacharyya said. Police reform initiatives launched after George Floyds murder have largely overlooked the nations more than 3,000 county sheriffs, most of them elected. For Songer, it was a tipping point. Mack is a former Graham County, Arizona, sheriff and a former Oath Keepers board member. 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. Two rural Nevada counties have joined "constitutional sheriff" Richard Mack's Constitutional Sheriffs and Peace Officers Association. Sheriffs Association (WSSA) is to promote ethics, To be a unified voice addressing local, state, and Washington: DC: Monday . Mack wrote the foreword for Weavers book Vicki, Sam, and America: How the Government Killed All Three. Sheriffs closer to the mainstream have also played a role in undermining police accountability. issues of mutual concern. 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 first is to protect life and property by enforcing criminal laws," the letter read. Duly enacted laws are presumed to be constitutional. 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. These sheriffs base this claim to power on their oath to uphold the Constitution. 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. 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. "The Office of Sheriff is one of antiquity. Richard Mack has built a "Constitutional sheriff" movement to resist state and federal authority on guns, COVID-19 and now election results. Elected sheriffs are accountable directly to the Constitution (United States and Washington state, in this case) and to the people. He would deputize the citizens in his county Fortney and others, refused to enforce these are. Investigative journalism in the 1970s and described as posse Comitatus when the group of Washington sheriffs defied state... 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