Since then, the so-called constitutional sheriff movement has grown in Washington. This issue became more evident in 2021 when constitutional sheriffs, including CSPOA, began to oppose state and federal COVID-19 health. Sheriff Myers is an active member. 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. 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. 309. Its virtually the same as the oath that every other government officer takes, said Bhattacharyy. Bhattacharyya said the worst-case scenario would be if these sheriffs are emboldened to meddle with the elections process. Multiple county sheriffs wrote the language for or publicly supported these laws. 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. Sheriffs & Peace Officers Ass'n, supra note 1. has also joined the campaign. The job of this specific sheriff is to protect your personal rights against all foreign and domestic threats. The Sheriffs of Washington are elected and are constitutional officers within the Constitution of the State of Washington. They announced they would defy the new gun laws because, in their interpretation, it violated the U.S. Constitution. 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 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. That should concern you, Right-wing "constitutional sheriffs" on the ballot in WA. Its not just worrisome because they may decide not to enforce laws they disagree with. InvestigateWest. I dont think the Constitution gives sheriffs a greater degree of authority over state or federal officials.. 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 Supreme Court sided with Mack and Printz on June 27, 1997, determining that the Constitution did not impel state officers to carry out federal duties without their consent. 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. Its virtually the same as the oath that every other government officer takes, said Bhattacharyya. 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. Published on: May 18, 2016 and updated on May 18, 2016. Constitutional Sheriff Scott Jenkins of Culpeper, Virginia, said he would deputize the citizens in his county if gun control laws were passed. 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. This American is a constitutionalist, a patriot, a husband, father, grandfather, businessman, firefighter, and He has previously declared that the greatest threat we face today is not terrorists; it is our own federal government.. 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 . In 2014 he argued that the Maryland legislature was no longer a "valid . You can hear constitutional sheriff rhetoric in a number of incumbent candidates in states such as Washington, Wisconsin, and Massachusetts. For Songer, it was a tipping point. . If they are going to start shooting, its going to be women that are going to be televised all across the world getting shot by these rogue federal officers., In 2018, Mack attended RidersUSAs fifth annual Second Amendment event. It is the oldest law enforcement office known in the common law system, and Op. Enter Your Email Address To Get Exclusive Updates Directly From Sheriff Mack! (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.) 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. Leaf, who has been openly friendly to militia in the past and questioned whether the men charged with kidnapping Gov. In order to improve and provide effective service and protection to all citizens of Washington, CONTACT US. So much for prime time. Every Sunday morning, Crosscut's weekly email sums up the best stories of the week. The AGs office did not return a message seeking comment for this article. Because theres not a great way to hold them accountable, other than by not electing them.. 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. 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 . 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. challenge from the National Rifle Association and the Second Amendment Foundation as evidence that the laws may not be constitutional, and are . In 2019, they awarded Songer the Washington State Constitutional Sheriff of the Year Award. Kittitas County Sheriff Clay Myers is the current president of the Washington State Sheriffs Association. It appears that, as one state official told me, the Virginia lawmakers just did not want to take on a political battle with sheriffs known to be a combative bunch. He was a major funder of former Alabama Chief Justice Roy Moore's political career and other religious-right efforts. One of Southwest Washingtons most vocal opponents to pandemic restrictions recently contracted COVID-19, was hospitalized and continues to rely on oxygen. The sheriff is the chief executive officer and conservator of the peace of the county. 3060 Willamette Drive, NE #200. Tags:Law Enforcement, Politics, Election 2022. 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. To protect communities from abusive policing and our democracy from extremists within law enforcement, we must push back on assertions by sheriffs that they are above the law. This posse comitatus based rallying cry continues to be the primary theme that permeates the ideology of CSPOA and other constitutional sheriffs across America. Anderson on Sheriffs, 44. Recent events have shown that local and federal politicians are eager to . More recently, Mack and the association have been focused on resisting COVID mandates and encouraging sheriffs to investigate unfounded conspiracies about the 2020 election. 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. 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. 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 Sheriff spans this chasm between you and the miscreants that would rob you of these inalienable rights. 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. Virginia Republicans Promised a "Reasonable" Abortion Law. The sheriff in defense denied knowledge of widespread gambling violations although responsible citizens had informed him by letter of alleged violations. "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. But a Spokane civil rights attorney is concerned the letter suggests sheriffs have powers beyond their roles as local law enforcers. 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. Songer, along with Snohomish County Sheriff Adam Fortney and others, refused to enforce state COVID mandates. The oath that sheriffs take is not unique. InvestigateWest reached out to each sheriff candidate in Washington hoping to clarify how they view a sheriffs authority. 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. Other Washington sheriffs and candidates have similar beliefs even if they arent members of the Constitutional Sheriffs and Peace Officers Association like Songer. Wildlife. 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. 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. Some 50 Texas sheriffs and numerous elected officials have attended trainings on the . The court stated that information of offenses received from responsible sources cannot be ignored. Some of the sheriffs who declined to enforce these laws are constitutional sheriffs. (by CSPOA on Dec 17, 2014) The New American reports: "Local media in Olympia, Washington, covered Gavin Seim's "We Will. For one, the word sheriff doesnt appear in the U.S. Constitution. Yet there is an urgent need to address how sheriffs are increasingly undermining law enforcement accountability and distorting public policy more broadly. And with the Nov. 8, 2022, election just around the corner, candidates for sheriff in Washington are increasingly touting their constitutional sheriff credentials, with many believing that they have the ultimate authority to decide what is constitutional and to enforce the law accordingly. This farcical argument flies in the face of decades of civilian oversight of elected sheriffs. 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 . The Anti-Defamation League considers the organization an anti-government extremist group.. 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. 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. 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. If their assertion brings to mind the anti-government, militia-supporting Oath Keepers organization, you are on the right track. In defense to a petition for removal the sheriff insisted he was under no duty to do detective services to discover violations of law. And executive officials are obligated to enforce those laws unless and until they are repealed or a court . I will follow the rule of law, Klickitat County Sheriff Bob Songer said at the time, when I believe its constitutional.. Many of them have equated government-enacted health guidelines regarding masks and vaccines with tyranny. To people like Michael German, a former FBI special agent who embedded with militias and is . To provide immediate support to fellow sheriffs, law 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 . In Ferry county in eastern Washington, more than 72% of voters rejected I-1639. Elected sheriffs are accountable directly to the Constitution (United States and Washington state, in this case) and to the people. bodies in performance of their duties. Theyve sort of cobbled together this theory based on authorities that dont really do what theyre claiming that they do.. Every Sheriff and Commonwealth Attorney in Virginia will see the consequences if our General Assembly passes further unnecessary gun restrictions, Jenkins said. Such notions have long been promoted by figures like sheriff Richard Mack, who leads the Constitutional Sheriffs and Peace Officers Association. Franklin County sheriff candidate Chris Turner, for example, said he believes the elected sheriff has greater authority than the federal or state government. 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. Constitutional Sheriffs and Peace Officers Association Lacey, WA 98516. Songer has said posse members are meant to be trained witnesses. The product of Republican political consultant Nathan Sproul, Protect America Now, incorporated in Phoenix, Arizona, as a domestic non-profit corporation on June 26, 2020. The fringe ideology of "constitutional sheriffs" is attracting believers within Texas law enforcement. 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. 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