The Washington Standard / January 17, 2023. SHERIFFS, PROSECUTING ATTORNEYS - DUTIES AND POWERS. 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. 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. Other Washington sheriffs and candidates have similar beliefs, even if they arent members of the Constitutional Sheriffs and Peace Officers Association like Songer. Never been convicted of a felony (with a few caveats). 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. General duties. Using sheriffs to challenge laws is a part of . The constitutional sheriff movement has its roots in the . 322. 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. To improve public awareness of criminal justice issues. On Apr. 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. Its origins are in the American county supremacy movement, which includes two concepts that often work in tandem. Wildlife. The primary purpose of this Sheriff is to protect, https://sheriffconstitutional.com/wp-content/uploads/2021/06/Tuesday-story-recording.mp3, Constitutional Sheriffs Article 11, 5 of Washington State, If the local government of this county attempts to rob or violate your constitutional rights. And it is completely on brand that the 2016 CSPOA sheriff of the year tried to recruit other constitutional sheriffs to help him seize Dominion voting machines in 2020. By SHANNON NAJMABADI, The Colorado Sun. 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.. 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. Enter Your Email Address To Get Exclusive Updates Directly From Sheriff Mack! Klickitat County Sheriff, Bob Songer, Republic police chief Loren Culp, and Ferry County Sheriff Ray Maycumber are among those who have publicly vowed not to enforce the new unconstitutional gun laws. That's not a "movement" as Ms. Donnelly suggests - that's a fact of the position. (by CSPOA on Dec 17, 2014) The New American reports: Local media in Olympia, Washington, covered Gavin Seims We Will. Gov. The Constitutional Sheriffs and Peace Officers Association (CSPOA), a network of local law enforcement founded in . Anderson on Sheriffs, 44. Other sheriffs, however, took a strong stance against the idea that sheriffs have unilateral authority when reached by InvestigateWest. cspoa. Any arguments that these sheriffs have regarding state or local . A Minnesota case,In re Olson, 211 Minn. 114, 300 N.W. This office has not rendered any prior opinions on this matter. Sheriff Myers is an active member. Constitutional sheriffs and the CSPOA were involved in many of these efforts, using gun control to further their own agendas of radicalization and recruitment. In order to improve and provide effective service and protection to all citizens of Washington, One constitutional sheriff in Nevada went viral in 2019 for comparing gun control to Nazi Germany. I dont think thats the right tool, Burghart said. 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. The oath that sheriffs take is not unique. Songer has said posse members are meant to be trained witnesses. Bhattacharyya, too, has mixed feelings about appointed sheriffs. Enter Your Email Address & Get FREE Exclusive Email Updates From Sheriff Mack & Peaceful, Constitutional Solutions & Strategies You Can Use! 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. "The first is to protect life and property by enforcing criminal laws," the letter read. A new national constitutional sheriffs group also emerged in 2021. Since then, the so-called "constitutional sheriff" movement has grown in Washington. 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. These entities do not have jurisdiction in Skagit county, Therefore, before they may enter Skagit county they must have a contract or an invitation from the sheriff. 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. In March 2011, for example, New Hampshire sheriff Christopher Conley who was listed as a member of the council of the Constitutional Sheriffs and Peace Officers Association from November 2012 . "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 . 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. Songer, along with Snohomish County Sheriff Adam Fortney and others, refused to enforce state COVID mandates. To be a unified voice addressing local, state, and 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. 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. 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. 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. You must have JavaScript enabled to use this form. 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. 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. King County recently made the sheriff an appointed position instead of an elected one. 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. It certainly means passing laws that make sheriffs just as accountable to democratic governance as any other law enforcement officer. bodies in performance of their duties. 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. More recently, Mack and the association have been focused on resisting COVID mandates and encouraging sheriffs to investigate unfounded conspiracies about the 2020 election. In 2013, CSPOA publicly distributed a list with the names of over 400 county sheriffs making the claim that these particular sheriffs would not enforce any new gun laws. 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. Constitutional Sheriff Scott Jenkins of Culpeper, Virginia, said he would deputize the citizens in his county if gun control laws were passed. This joining together of the Sheriffs has allowed the . The protection of these rights come under the jurisdiction of the county Constitutional Sheriff. Bhattacharyya, too, has mixed feelings about appointed sheriffs. Sheriffs across the state are predictably opposed to such a move, but even those most concerned with rogue constitutional sheriffs dont love that idea. After searching in vain for any legal basis for sheriff supremacy and checking with several others who have studied law enforcement and civilian oversight, I can confirm that a constitutional sheriff with unique autonomy is not actually a thing. This statement was voted on and approved by a majority of the sheriffs in the . enforcement officers, and their respective agencies in times 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 . About a dozen or more sheriffs, mostly in rural counties, refused to enforce the restrictions against the people, citing that the provisions violated both the federal and state . Some 50 Texas sheriffs and numerous elected officials have attended trainings on the . In recent months, a group of self-proclaimed "constitutional sheriffs" in Washington state has . In the county's only incorporated city, Republic, the police . Sheriffs have some discretion when enforcing laws, but they do not have the power to decide what is constitutional like the judicial branch. Listen to the Story, Saving Skagit County. Ex-Sheriff Arpaio was found in contempt of court in 2017 after refusing to follow a federal judge's order to stop profiling and detaining Latinx people during traffic stops and immigration raids. When the sheriffs could not be persuaded that was that. Theyve sort of cobbled together this theory based on authorities that dont really do what theyre claiming that they do.. In 2021, Mack went on the ARISE USA Tour hosted by late antisemitic conspiracy theorist Robert David Steele. Constitutional sheriffs resurfaced as a political group around 2014 in the wake of the Tea Party and gained more support as the alt-right rose to prominence with the election of Donald Trump. 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. violations of the criminal law, which shall come to their Lamb, along with Sheriff Wayne Ivey of Brevard, Florida, Sheriff Jesse Watts of Eureka, Nevada, Sheriff Scott Jenkins of Culpeper, Virginia and Sheriff Tom Hodgson of Bristol County, Massachusetts, are advisers to the group Protect America Now, which has been linked to anti-immigrant Federation for American Immigration Reform (FAIR). the 39 Sheriffs joined together in 1984 to form this Nevertheless the rule laid down is that the sheriff must use initiative in discovering violations and must follow up information received from responsible sources. For instance, as the Center for Public Integrity reported at length in 2016, these sheriffs have refused to enforce state gun regulations, federal land-use rules and Internal Revenue Service . 1 goal is to protect and serve and enforce the laws of the state, Morrison said. In addition to the duties contained in RCW 36.28.010, it Page3]] the sheriff represents the sovereignty of the state and he has no superior in his county. DENVER (AP) More than a dozen candidates campaigning to be top . The legislative session kicks off today in Olympia, and state lawmakers have a full agenda: gun regulations, education, big budget questions and more. He nears reelection even as multiple similarly molded sheriff candidates lost. She says the name of the sheriff's group is designed . You can hear constitutional sheriff rhetoric in a number of incumbent candidates in states such as Washington, Wisconsin, and Massachusetts. © 2022 Sheriff Constitutional. 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 . These efforts were in reaction to public calls for increased gun control measures after the mass shooting at an Aurora, Colorado, movie theater on July 12, 2012, and another at Sandy Hook Elementary School in Newtown, Connecticut, on Dec. 14, 2012. 1125 Washington St SE PO Box 40100 Olympia, WA 98504 (360) 753-6200 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. * Clicking the button will open a new tab. In Snohomish County, efforts to recall Sheriff Fortney over his refusal to enforce pandemic restrictions failed. Bhattacharyya said the worst case scenario would be if these sheriffs are emboldened to meddle with the elections process. 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. "The Office of Sheriff is one of antiquity. The Anti-Defamation League considers the organization an anti-government extremist group.. Out of 39 counties in Washington, 17 current sheriffs endorsed Songer. 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 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. (Klickitat County Sheriffs Office photo). 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. Sign up to get important news and culture from around the Northwest, delivered to your inbox six days a week. 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. Because sheriffs have the power to detain people, they often play a role in immigration enforcement. Each officer is required only to act according to law. 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. Jan. 17, 2023 Be a part of it! 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. Every Sheriff and Commonwealth Attorney in Virginia will see the consequences if our General Assembly passes further unnecessary gun restrictions, Jenkins said. King County recently made the sheriff an appointed position instead of an elected one. 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 . Association. 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. federal lawmakers on criminal justice issues. / November 7, 2022. 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. Fringe sheriffs from across the country have refused to enforce the rules inside their county lines. And that's why Sheriff Mack is so important to this tour." . Sheriffs have some discretion when enforcing laws, but they do not have the power to decide what is constitutional like the judicial branch. The Sheriffs of Washington are elected and are constitutional officers within the Constitution of the State of Washington. 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. In both of these cases the inaction of the sheriff was flagrant and the violations of law about which nothing was done were many. Songer has been a prominent voice for Macks group after Mack celebrated his stance on Washingtons gun laws. Thirteen sheriffs, however, went a step beyond merely expressing their displeasure. professionalism, leadership development, "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. Wilson Criscione, born and raised in Spokane, writes for InvestigateWest. Sheriffs has allowed the Sheriffs to assist each other in fulfilling their duties and obligations to the people of this state as 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. Kitsap County Sheriff John Gese also rejected Macks ideology. 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. 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. Mack wrote the foreword for Weavers book Vicki, Sam, and America: How the Government Killed All Three. 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. Kitsap County Sheriff John Gese also rejected Macks ideology. Kittitas County Sheriff Clay Myers is the current president of the Washington State Sheriffs Association. The sheriff's 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. 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