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). the 39 Sheriffs joined together in 1984 to form this InvestigateWest (invw.org) is an independent news nonprofit dedicated to investigative journalism in the Pacific Northwest. So much for prime time. On Apr. One constitutional sheriff in Nevada went viral in 2019 for comparing gun control to Nazi Germany. (Although even the National Sheriffs Association notes that this oath is taken by every law enforcement officer and confers no special authority on sheriffs.) 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. 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. RCW 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 . Lacey, WA 98516. "As an elected sheriff and a constitutional sheriff, I believe it violates the Second Amendment of the U.S. Constitution," he says, "and, more specifically, violates the Washington state . Henry Lamont Mike Beach of Oregon is alleged to have stolen Gales writings and used them to start a national Sheriffs Posse Comitatus organization, which claimed the federal government overstepped their authority under the constitution and the posse could remove them from office and hang them. uphold the Constitution and laws of the State of Washington, On the other hand, Burnett is one of the 17 sheriffs to endorse Songer this election cycle. The AGs office did not return a message seeking comment for this article. Leaf invoked posse comitatus in a Facebook post on Aug. 2, 2021, declaring that a sheriffs posse was necessary to suppress rioting. 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 . His ideas went on to influence sovereign citizens and militia . Its not just worrisome because they may decide not to enforce laws they disagree with. "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. What Is A Constitutional Sheriff? 3060 Willamette Drive, NE #200. 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. Such notions have long been promoted by figures like sheriff Richard Mack, who leads the Constitutional Sheriffs and Peace Officers Association. I dont think the Constitution gives sheriffs a greater degree of authority over state or federal officials.. She says the name of the sheriff's group is designed . Bhattacharyya said the worst case scenario would be if these sheriffs are emboldened to meddle with the elections process. along with Snohomish County Sheriff Adam Fortney and others, opposed to the Obama administrations gun initiatives, unfounded conspiracies about the 2020 election, is part of the constitutional sheriffs movement, Employees describe culture of retaliation under Deschutes County Sheriff Shane Nelson, Klickitat Countys sheriff contracted COVID, but still plans to fight pandemic restrictions. The Constitutional Sheriffs and Peace Officers Association (CSPOA) is a political organization of local police officials in the United States who contend that federal and state government authorities are subordinate to the local authority of county sheriffs.Self-described constitutional sheriffs assert that they are the supreme legal authority with the power and duty to defy or disregard laws . Thirteen sheriffs, however, went a step beyond merely expressing their displeasure. Constitutional sheriffs and the CSPOA were involved in many of these efforts, using gun control to further their own agendas of radicalization and recruitment. Each officer is required only to act according to law. 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. a one-time candidate for Dallas County sheriff, is the Texas State Director . Jan. 17, 2023 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! As reported by WWNY, that responsibility and those boundaries, he says, should be set by people, not local law enforcement.. 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 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. In recent months, a group of self-proclaimed "constitutional sheriffs" in Washington state has . Police reform initiatives launched after George Floyds murder have largely overlooked the nations more than 3,000 county sheriffs, most of them elected. 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. 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.. 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. 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.. within the Constitution of the State of Washington. Cedric L. Alexander: Why reforming qualified immunity will never resolve police violence. 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. My No. 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. 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. 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. Collins dressed as George Washington for the training. Sheriffs have some discretion when enforcing laws, but they do not have the power to decide what is constitutional like the judicial branch. County Sheriffs in Illinois are defying the unconstitutional actions of the state. What happened after the Jan. 6 confrontation in Olympia? This idea was pioneered by Christian identity minister William Potter Gale in the 1970's and 225 (1916). 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. 80 of the 102 counties have now declared their defiance of the so-called "assault weapons ban" in Illinois. The Constitutional Sheriff spans this chasm between you and the miscreants that would rob you of these inalienable rights. And that's why Sheriff Mack is so important to this tour." . CLARK KAUFFMAN Iowa Capital Dispatch. 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. OFFICE HOURS: 8:00 AM - 5:00 PM Monday - Friday Closed Weekends & State Holidays, Washington's Attorneys General - Past and Present, Submitting Your Motor Home Request for Arbitration, Homicide Investigation Tracking System (HITS), Combating Dark Money/Campaign Finance Unit, Student Loans/Debt Adjustment and Collection, Professional Coordination & Communication Work Group, File a Manufactured Housing Dispute Resolution Request Online, Benefits & Protections for Veterans & Military Personnel, Keep Washington Working Act FAQ for Law Enforcement. Bhattacharyya, too, has mixed feelings about appointed sheriffs. Thats part of my oath, Gese said. The conclusions reached are that the sheriff is obligated to investigate alleged violations of the law but that the prosecuting attorney has no authority to compel any action on the part of the sheriff other than by the indirect method of prosecution for perpetration of crime by the sheriff himself. The Constitutional Sheriffs and Peace Officers Association, or CSPOA, spells out this tenet on its website. The job of this specific sheriff is to protect your personal rights against all foreign and domestic threats. 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 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. Your guarantee of this protection is insured by his oath to uphold the Constitution of our nation and state. 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. It was attended by the Proud Boys and anti-immigrant group AZ Patriots. Gov. Its virtually the same as the oath that every other government officer takes, said Bhattacharyya. In fact, more than 60 . Constitutional sheriff Dar Leaf of Barry County, Michigan, openly defied his governors stay-at-home orders as did constitutional sheriff Mike Carpinelli of Lewis County, New York. "The first is to protect life and property by enforcing criminal laws," the letter read. Mack went on a speaking junket in 2021, promoting the organization at a series of events alongside a long list of extremists. In Chelan County, Sheriff Brian Burnett said its kind of a fine line. Burnett, who is also the president of the Washington State Sheriffs Association, said hes attended speeches by Mack but that Burnett didnt agree with the total philosophy. Sheriffs, Burnett conceded, dont make laws and arent interpreters of the law. CONTACT US. Recent events have shown that local and federal politicians are eager to . On the other hand, Burnett is one of the 17 sheriffs to endorse Songer this election cycle. Honorable John PaneskoProsecuting AttorneyLewis CountyChehalis, Washington Cite as: AGO 51-53 No. 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. She/he is elected to safeguard the rights of the people and exercise the powers that the public has entrusted to him or her. Already, 2020 election deniers are recruiting county sheriffs to more closely watch over future elections. In 2021, Mack went on the ARISE USA Tour hosted by late antisemitic conspiracy theorist Robert David Steele. 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. 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 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 with the Nov. 8, 2022, election just around the . CSPOA is an extremist group which espouses similar rhetoric to Gale and Beach. Recent events have shown that local and federal politicians are eager to impose authoritarian measures in the name of "the common good." Since then, the so-called constitutional sheriff movement has grown in Washington. The constitutional sheriff movement has its roots in the Posse Comitatus ("power of the county") movement of the 1970s and '80s. 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 . At least 20 county sheriffs in Washington state . 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. By endorsing the idea that sheriffs can choose which U.S. laws are legitimate, constitutional sheriffs are conferring a job assigned to the Supreme Court by the nations founders onto themselves. Bhattacharyya said the worst-case scenario would be if these sheriffs are emboldened to meddle with the elections process. Elected sheriffs are accountable directly to the Constitution (United States and Washington state, in this case) and to the people. 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. Songer has said posse members are meant to be trained witnesses. the chief law enforcement officers of their respective counties. Kitsap County Sheriff John Gese also rejected Macks ideology. Sheriffs closer to the mainstream have also played a role in undermining police accountability. Other Washington sheriffs and candidates have similar beliefs even if they arent members of the Constitutional Sheriffs and Peace Officers Association like Songer. This movement picked up exponentially after the shooting at Marjorie Stoneman Douglas High School in Parkland, Florida, on Feb. 14, 2018, along with the sheriffs involvement. State v. McCarty, 104 Kans. DENVER (AP) More than a dozen candidates campaigning to be top . Posse Comitatus founder William Potter Gale was a self-ordained minister who called on sheriffs to supersede federal agencies and serve as quasi-vigilantes, primarily to resist school desegregation. 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. 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. The concept of the constitutional sheriff is a subset of the larger antigovernment movement. 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. 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. 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. 2023 Cascade Public Media. 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. (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.) That's not a "movement" as Ms. Donnelly suggests - that's a fact of the position. Songer, along with Snohomish County Sheriff Adam Fortney and others, refused to enforce state COVID mandates. InvestigateWest reached out to each sheriff candidate in Washington hoping to clarify how they view a sheriffs authority. 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. 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. "Federal and state can be stopped by the power and authority of the sheriff." According to Cloee Cooper, Watts and his fellow "constitutional sheriffs" belong to the far-right Patriot Movement - a broad coalition that includes militias like the Oath Keepers and Three Percenters. This issue became more evident in 2021 when constitutional sheriffs, including CSPOA, began to oppose state and federal COVID-19 health. / November 7, 2022. I will follow the rule of law, Klickitat County Sheriff Bob Songer said at the time, when I believe its constitutional.. Of particular concern are the self-styled constitutional sheriffs an increasingly influential subset of sheriffs who are subverting not only reform efforts but also core democratic principles. 309. © 2022 Sheriff Constitutional. 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. cspoa. Two rural Nevada counties have joined "constitutional sheriff" Richard Mack's Constitutional Sheriffs and Peace Officers Association. Constitutionalist sheriffs in charge: Constitutionalist sheriffs believe that the Constitution appoints sheriffs as the ultimate law enforcement authority, even above the federal government.The . 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. As gun laws throughout the west have gradually . 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. A Minnesota case,In re Olson, 211 Minn. 114, 300 N.W. It was a turning point for Songer. Songer, along with Snohomish County Sheriff Adam Fortney and others, refused to enforce state COVID mandates. InvestigateWest (invw.org) is an independent news nonprofit dedicated to investigative journalism in the Pacific Northwest. "The Office of Sheriff is one of antiquity. 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. of need. 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. Mack has been associated with a long list of extremists. Association. 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. There are not a lot of formal consequences, because theyre elected, Bhattacharyya said. 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.. 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. Since the 2021 attack on the capitol campus, security has increased, two people have faced prosecution and reporters continue to feel the shock. He nears reelection even as multiple similarly molded sheriff candidates lost. Foxs 5 p.m. chat fest is the new king of cable news. One county law, titled the Newton County Missouri Second Amendment Preservation Act was enacted in Newton County, on Feb. 3, 2021. For Songer, it was a tipping point. Virginia Republicans Promised a "Reasonable" Abortion Law. Sheriffs have some discretion when enforcing laws, but they do not have the power to decide what is constitutional like the judicial branch. 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.