If their assertion brings to mind the anti-government, militia-supporting Oath Keepers organization, you are on the right track. In a recent webinar with Mack, Songer said that the association naming him the Constitutional Sheriff of the Year was an eye-opener regarding his duties as sheriff. uphold the Constitution and laws of the State of Washington, He was a major funder of former Alabama Chief Justice Roy Moore's political career and other religious-right efforts. Page3]] the sheriff represents the sovereignty of the state and he has no superior in his county. There are not a lot of formal consequences, because theyre elected, Bhattacharyya said. 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. violations of the criminal law, which shall come to their Already, 2020 election deniers are recruiting county sheriffs to more closely watch over future elections. 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! Its not just worrisome because they may decide not to enforce laws they disagree with. I dont think thats the right tool, Burghart said. Thats part of my oath, Gese said. 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 says the name of the sheriff's group is designed . Elections are the best way to hold people accountable, she said. Those without horses are auxiliary, according to Songer. "The bottom line is that we have Constitutional duties with our oath of office," Lincoln County Sheriff Wade Magers told I think its a decision that communities have to make on their own, she said. 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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. A similar result was reached in State v. Reichman, 135 Tenn. 685, 188 S.W. These few, vocal sheriffs who have gone a little bit rogue are very concerning, she said. Association. Supporter of Constitutional Sheriffs Article 11, 5 of Washington State. 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. But the experience hasnt changed his stance. Tags:Law Enforcement, Politics, Election 2022. The court stated that information of offenses received from responsible sources cannot be ignored. Elected sheriffs are accountable directly to the Constitution (United States and Washington state, in this case) and to the people. InvestigateWest (invw.org) is an independent news nonprofit dedicated to investigative journalism in the Pacific Northwest. Since then, the so-called "constitutional sheriff" movement has grown in Washington. Gretchen Whitmer of Michigan were actually attempting a legal citizens arrest, claimed in the post that the Posse and Militia have more lawful character than the agencies that have recently arrested the Militia. Leaf is also associated with the sovereign citizen National Liberty Alliance. That's not a "movement" as Ms. Donnelly suggests - that's a fact of the position. Wildlife. The Constitutional Sheriff spans this chasm between you and the miscreants that would rob you of these inalienable rights. Listen to the Story, Saving Skagit County. For one, the word sheriff doesnt appear in the U.S. Constitution. The other is focused on the role of the county sheriff, who they believe has ultimate law enforcement authority in the United States. Sign up to get important news and culture from around the Northwest, delivered to your inbox six days a week. 2023 Cascade Public Media. 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. 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. Anderson on Sheriffs, 44. federal lawmakers on criminal justice issues. 1 goal is to protect and serve and enforce the laws of the state, Morrison said. 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. 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 group has an advisory board with a host of constitutional sheriffs. In Snohomish County, efforts to recall Sheriff Fortney over his refusal to enforce pandemic restrictions failed. A statute sheriff is a servant to the Deep State and is in betrayal of their Constitutional oath. The Constitutional Sheriffs and Peace Officers Association, or CSPOA, spells out this tenet on its website. The oath that sheriffs take is not unique. The sheriff is the chief executive officer and conservator of the peace of the county. 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. Follow our team of columnists and reporters who write about the media. As Mack tells it, he said the federal Government could not tell him what to do; that they were not his boss.. June 25, 2022, at 10:10 a.m. 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 the other hand, Burnett is one of the 17 sheriffs to endorse Songer this election cycle. For one, the word sheriff doesnt appear in the U.S. 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. Its virtually the same as the oath that every other government officer takes, said Bhattacharyya. And just like that, an extremist, once-fringe movement significantly constrained law enforcement oversight for an entire state. I will follow the rule of law, Klickitat County Sheriff Bob Songer said at the time, when I believe its constitutional.. The Constitutional Sheriff spans this chasm between you and the miscreants that would rob you of these inalienable rights. 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. To provide immediate support to fellow sheriffs, law InvestigateWest. (Klickitat County Sheriffs Office photo). The fringe ideology of "constitutional sheriffs" is attracting believers within Texas law enforcement. People ask me all the time, Do you believe in enforcing the Constitution? Yes, absolutely. This idea was pioneered by Christian identity minister William Potter Gale in the 1970's and 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. 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 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. Stream all three seasons only with OPB Passport! 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. 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. 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. For Songer, it was a tipping point. Your guarantee of this protection is insured by his oath to uphold the Constitution of our nation and state. 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. serve and protect the people of Washington State, and to Thats part of my oath, Gese said. By subscribing, you agree to receive occasional membership emails from Crosscut/Cascade Public Media. Sheriffs Association (WSSA) is to promote ethics, The job of this specific sheriff is to protect your personal rights against all foreign and domestic threats. What happened after the Jan. 6 confrontation in Olympia? challenge from the National Rifle Association and the Second Amendment Foundation as evidence that the laws may not be constitutional, and are . Jay Inslee because it is "inconsistent with Article I, Section 24 of the Washington State Constitution. Mack has been associated with a long list of extremists. 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. Collins dressed as George Washington for the training. Any arguments that these sheriffs have regarding state or local . Songer, along with Snohomish County Sheriff Adam Fortney and others, refused to enforce state COVID mandates. Sheriffs & Peace Officers Ass'n, supra note 1. has also joined the campaign. Sheriff Myers is an active member. 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. a one-time candidate for Dallas County sheriff, is the Texas State Director . In 2019, self-described Constitutional Sheriffs in Washington, urged on by militia and extremist right-wing groups, refused to enforce a new gun law. This farcical argument flies in the face of decades of civilian oversight of elected sheriffs. Distinct from Sheriffs, the Militia are explicitly incorporated within the Constitution of the United States. Four years ago, many of Washington states sheriffs were unhappy with a voter-approved gun safety law that required stronger background checks and raised the age to buy a semi-automatic rifle. The 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. Out of 39 counties in Washington, 17 current sheriffs endorsed Songer. InvestigateWest (invw.org) is an independent news nonprofit dedicated to investigative journalism in the Pacific Northwest. 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. Lacey, WA 98516. Beginning in 2013, numerous sheriffs and county officials refused to enforce future gun control laws. 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. 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. 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. 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. We spoke with constitutional lawyer Jeffery Needle about the letter. 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. On the other hand, Burnett is one of the 17 sheriffs to endorse Songer this election cycle. 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). Theyve sort of cobbled together this theory based on authorities that dont really do what theyre claiming that they do.. In 2019, they awarded Songer the Washington State Constitutional Sheriff of the Year Award. Thirteen sheriffs, however, went a step beyond merely expressing their displeasure. Multiple county sheriffs wrote the language for or publicly supported these laws. That year, Mack shared their strategy with Fox News: We were actually strategizing to put all the women and children up front. Washington State Sheriffs' Association. Since then, the so-called constitutional sheriff movement has grown in Washington. Wilson Criscione, born and raised in Spokane, writes for InvestigateWest. 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. 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. 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. If the intruder trespasses into this county, they shall be arrested and arraigned. And with the Nov. 8, 2022, election just around the . To this day, the sheriffs in the survey are 83 per cent opposed to a national ban on assault weapons. 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. Richard Mack, founder of the Constitutional Sheriffs and Peace Officers Association, was a longtime board member of the Oath Keepers, and the constitutional sheriff idea has explicitly white supremacist roots. * Clicking the button will open a new tab. This idea was pioneered by Christian identity minister William Potter Gale in the 1970s and described as Posse Comitatus. In that case an order of the governor removing a sheriff for nonfeasance of office was affirmed by the court. 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. Enter Your Email Address To Get Exclusive Updates Directly From Sheriff Mack! To preserve and protect the office of Sheriff. Mack told the Washington Post that about 300 of the nation's 3,000 sheriffs belong to the Constitutional Sheriffs and Peace Officers Association. Every Sunday morning, Crosscut's weekly email sums up the best stories of the week. Op. To better Bhattacharyya, too, has mixed feelings about appointed sheriffs. 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. These few, vocal sheriffs who have gone a little bit rogue are very concerning, she said. Many of them have equated government-enacted health guidelines regarding masks and vaccines with tyranny. You get the latest CSPOA updates & access more training to know your rights! Constitutional Sheriff Scott Jenkins of Culpeper, Virginia, said he would deputize the citizens in his county if gun control laws were passed. It is the oldest law enforcement office known in the common law system, and 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. State v. Melton, supra. The case was brought by Mack and Ravalli County Sheriff/Coroner Jay Printz, who argued against a provision of the Brady Handgun Violence Prevention Act, which would have required Chief Law Enforcement Agents to conduct background checks until a national system was implemented. 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.