It is the oldest law enforcement office known in the common law system, and Wilson Criscione, born and raised in Spokane, writes for InvestigateWest. The AGs office did not return a message seeking comment for this article. 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. SHERIFFS, PROSECUTING ATTORNEYS - DUTIES AND POWERS. 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. The Sheriffs of Washington are elected and are constitutional officers Every believer in democracy should find it chilling that the CSPOA counts several hundred sheriffs as dues-paying members and hundreds of other sheriffs as supporters. Phone: (360) 486-2380 FAX: (360) 486-2381. 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.. And just like that, an extremist, once-fringe movement significantly constrained law enforcement oversight for an entire state. 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. Op. The protection of these rights come under the jurisdiction of the county Constitutional Sheriff. This idea was pioneered by Christian identity minister William Potter Gale in the 1970's and What happened after the Jan. 6 confrontation in Olympia? This joining together of the Sheriffs has allowed the . 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. He also held a spot on the board of directors of the nationwide Oath Keepers militia group until 2015. In a recent webinar with Mack, Songer said that the association awarding him the Constitutional Sheriff of the Year was an eye-opener regarding his duties as sheriff. The job of this specific sheriff is to protect your personal rights against all foreign and domestic threats. CONTACT US. 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 . 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. THIS SHALL NOT BE TOLERATED IN SKAGIT COUNTY, https://www.facebook.com/groups/398181945263311/, Elect Kevin Ewing For Constitutional Sheriff of Skagit County. Whereas Supreme Court justices are often fervent legal scholars, the Montgomery County, Texas, sheriffs office, which held a constitutional sheriff event in February 2021, requires their sheriff to be: There is no requirement that a sheriff reads or understands the Constitution. Some members who are on horseback are meant to attend crime scenes and searches, as well as hunt their countys cougar population. Your guarantee of this protection is insured by his oath to uphold the Constitution of our nation and state. 225 (1916). 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. These few, vocal sheriffs who have gone a little bit rogue are very concerning, she said. Sheriffs in a dozen Washington counties say they won't enforce the state's sweeping new restrictions on semi-automatic rifles until the courts decide whether they are constitutional. In Washington, a sheriff can be removed through a recall process just like any other elected politician, but recall efforts are typically unsuccessful. serve and protect the people of Washington State, and to 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. In 2019, self-described Constitutional Sheriffs in Washington, urged on by militia and extremist right-wing groups, refused to enforce a new gun law. On Apr. 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. To study emerging common issues and develop responses. Washington State Sheriffs' Association. To improve public awareness of criminal justice issues. In that case an order of the governor removing a sheriff for nonfeasance of office was affirmed by the court. But while constitutional sheriffs often use this argument, it doesnt hold up to scrutiny, said Bhattacharyy, who has held leadership positions with the U.S. Department of Justice and the Department of the Treasury. 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. 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. 1 goal is to protect and serve and enforce the laws of the state, Morrison said. 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 . Thousands violate unconstitutional Washington state gun law. Beware the extremist, dangerous and unconstitutional constitutional sheriffs, Sign up for a weekly roundup of thought-provoking ideas and debates, 6 things people believe about politics that are totally wrong, Female bodybuilders, big and strong, are still no match for vile men, The Biden documents scandal is a test for the media and an opportunity. The County Sheriff has the authority to ban the admission of any government or corporate persons that would enter our county with the intent to rob you of any of your God given or Constitutionally guaranteed rights or freedom. 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. The Constitutional Sheriffs and Peace Officers Association, or CSPOA, spells out this tenet on its website. Sometimes the news is the story. The oath that sheriffs take is not unique. To this day, the sheriffs in the survey are 83 per cent opposed to a national ban on assault weapons. As gun laws throughout the west have gradually . 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. Leaf invoked posse comitatus in a Facebook post on Aug. 2, 2021, declaring that a sheriffs posse was necessary to suppress rioting. professionalism, leadership development, And here in Washington state, weve got some bad guys in government.. Its not just worrisome because they may decide not to enforce laws they disagree with. (Although even the National Sheriffs Association notes that this oath is taken by every law enforcement officer and confers no special authority on sheriffs.) They Just Proposed an Extreme Ban. For example, as Congress worked toward federal police reform legislation this year, Democratic negotiators made substantial compromises to get major organizations, including the Fraternal Order of Police, on board. The Anti-Defamation League considers the organization an anti-government extremist group.. Theyve sort of cobbled together this theory based on authorities that dont really do what theyre claiming that they do.. 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. You can hear constitutional sheriff rhetoric in a number of incumbent candidates in states such as Washington, Wisconsin, and Massachusetts. In 2014, Mack participated in the Bundy standoff against the U.S. government, in Bunkerville, Nevada, alongside his fellow Oath Keepers and additional militias. Many of them have equated government-enacted health guidelines regarding masks and vaccines with tyranny. Page3]] the sheriff represents the sovereignty of the state and he has no superior in his county. Foxs 5 p.m. chat fest is the new king of cable news. More sheriffs may become radicalized because of the number of constitutional sheriffs and antigovernment groups intent on evangelizing to sheriffs about constitutional sheriff and conspiracy theory ideologies, which are often related. 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 concept of the constitutional sheriff is a subset of the larger antigovernment movement. (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.) Elections are the best way to hold people accountable, she said. It was attended by the Proud Boys and anti-immigrant group AZ Patriots. Kitsap County Sheriff John Gese also rejected Macks ideology. The oath that sheriffs take is not unique. In addition to the duties contained in RCW 36.28.010, it People ask me all the time, Do you believe in enforcing the Constitution? Yes, absolutely. I dont think thats the right tool, Burghart said. Association. CSPOA is an extremist group which espouses similar rhetoric to Gale and Beach. 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. June 25, 2022, at 10:10 a.m. Duty to make complaint. Some of the sheriffs who declined to enforce these laws are constitutional sheriffs. RCW On the other hand, Burnett is one of the 17 sheriffs to endorse Songer this election cycle. To people like Michael German, a former FBI special agent who embedded with militias and is . And executive officials are obligated to enforce those laws unless and until they are repealed or a court . 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. 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. In 2019, they awarded Songer the Washington State Constitutional Sheriff of the Year Award. 1 goal is to protect and serve and enforce the laws of the state, Morrison said. For the interim at least, Illinois citizens living in counties represented by these Constitution-minded sheriffs, will have at least some protection against the governor and the Democrat-controlled state legislature's anti-firearms agenda. Although many of the measures are legally toothless, if they are used in conjunction with constitutional sheriffs refusing to carry out their law enforcement authority, or assuming jurisdiction over state or federal agents, it creates a challenge to the U.S. rule of law itself. 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 . In a May 2020 interview posted to YouTube, Mack described this view, saying: Let me make this real clear: The President of the United States cannot tell your sheriff what to do. 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 Constitutional Sheriffs and Peace Officers Association (CSPOA) is an anti-government extremist group whose primary purpose is to recruit sheriffs into the anti-government "patriot" movement. 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. 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. Lacey, WA 98516. Boosted by the pandemic, constitutional sheriffs are a political force. Police reform initiatives launched after George Floyds murder have largely overlooked the nations more than 3,000 county sheriffs, most of them elected. King County recently made the sheriff an appointed position instead of an elected one. One of Southwest Washingtons most vocal opponents to pandemic restrictions recently contracted COVID-19, was hospitalized and continues to rely on oxygen. And with the Nov. 8, 2022, election just around the . Michael Peroutka, a neo-Confederate, Christian Reconstructionist anti-LGBTQ activist who was the Constitution Party's presidential candidate in 2004. In fact, more than 60 . 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. 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. Sheriffs across the state are predictably opposed to such a move, but even those most concerned with rogue constitutional sheriffs dont love that idea. 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. InvestigateWest (invw.org) is an independent news nonprofit dedicated to investigative journalism in the Pacific Northwest. But the experience hasnt changed his stance. 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. More recently, Mack and the association have been focused on resisting COVID mandates and encouraging sheriffs to investigate unfounded conspiracies about the 2020 election. a one-time candidate for Dallas County sheriff, is the Texas State Director . Since then, the so-called constitutional sheriff movement has grown in Washington. The legislative session kicks off today in Olympia, and state lawmakers have a full agenda: gun regulations, education, big budget questions and more. Yet there is an urgent need to address how sheriffs are increasingly undermining law enforcement accountability and distorting public policy more broadly. 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 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.. Virginia Republicans Promised a "Reasonable" Abortion Law. 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. Schneider. 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. County Sheriffs in Illinois are defying the unconstitutional actions of the state. It declares, Any and all federal agents trying to enforce the regulations as they had stipulated shall be subject to arrest by the Newton County Missouri Sheriffs Department.. And 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. A new national constitutional sheriffs group also emerged in 2021. To provide immediate support to fellow sheriffs, law 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. Beginning in 2013, numerous sheriffs and county officials refused to enforce future gun control laws. 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. Songer, along with Snohomish County Sheriff Adam Fortney and others, refused to enforce state COVID mandates. 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. All Rights Reserved. 3060 Willamette Drive, NE #200. 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. 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. King County recently made the sheriff an appointed position instead of an elected one. 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). When the group of Washington sheriffs defied the state gun laws in 2019, Gov. Lamb was also a confirmed speaker at sovereign citizen group RidersUSAs seventh annual Second Amendment event, which was held in Phoenix, Arizona, on Feb. 15, 2020. This posse comitatus based rallying cry continues to be the primary theme that permeates the ideology of CSPOA and other constitutional sheriffs across America. The "constitutional 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. 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