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. 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. Leaf, who has been openly friendly to militia in the past and questioned whether the men charged with kidnapping Gov. 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 Snohomish County, efforts to recall Sheriff Fortney over his refusal to enforce pandemic restrictions failed. More recently, Mack and the association have been focused on resisting COVID mandates and encouraging sheriffs to investigate unfounded conspiracies about the 2020 election. 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. The court stated that information of offenses received from responsible sources cannot be ignored. 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. Since then, the so-called "constitutional sheriff" movement has grown in Washington and other . About 10,000 citizens have also joined. The Washington State Sheriffs Association's letter said sheriffs are responsible for two tasks. 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. 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. Article 11, 5 of the Washington State Constitution denotes "The sheriff" is the chief executive officer and conservator of the peace of the county. In recent months, a group of self-proclaimed "constitutional sheriffs" in Washington state has . 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. Bhattacharyya said the worst case scenario would be if these sheriffs are emboldened to meddle with the elections process. 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. To this day, the sheriffs in the survey are 83 per cent opposed to a national ban on assault weapons. When the group of Washington sheriffs defied the state gun laws in 2019, Gov. We spoke with constitutional lawyer Jeffery Needle about the letter. The so-called "constitutional sheriff" movement has grown in Washington. 80 of the 102 counties have now declared their defiance of the so-called "assault weapons ban" in Illinois. For one, the word sheriff doesnt appear in the U.S. Constitution. Thats part of my oath, Gese said. 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. 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. Some 50 Texas sheriffs and numerous elected officials have attended trainings on the . On the other hand, Burnett is one of the 17 sheriffs to endorse Songer this election cycle. All rights reserved. When the sheriffs could not be persuaded that was that. 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. And here in Washington state, weve got some bad guys in government.. 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. 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. 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. 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. 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. While only about 300 out of more than 3,000 sheriffs in the country are official members of the Constitutional Sheriffs and Peace Officers Association, nearly half of sheriffs nationwide who responded to a survey by The Marshall Project said they believe their power outranks federal or state government in their county. 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. Mack has been associated with a long list of extremists. Constitutional sheriffs and the CSPOA were involved in many of these efforts, using gun control to further their own agendas of radicalization and recruitment. It is a federal crime for politician to compromise their oath or sells your unalienable rights or freedom for monetary gain. Its not just worrisome because they may decide not to enforce laws they disagree with. Mack went on a speaking junket in 2021, promoting the organization at a series of events alongside a long list of extremists. But the experience hasnt changed his stance. 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. And that's why Sheriff Mack is so important to this tour." . THIS SHALL NOT BE TOLERATED IN SKAGIT COUNTY, https://www.facebook.com/groups/398181945263311/, Elect Kevin Ewing For Constitutional Sheriff of Skagit County. 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. It was a turning point for Songer. Enter Your Email Address To Get Exclusive Updates Directly From Sheriff Mack! And just like that, an extremist, once-fringe movement significantly constrained law enforcement oversight for an entire state. For Songer, it was a tipping point. Wildlife. 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. 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. Washington State Sheriffs' Association. 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. uphold the Constitution and laws of the State of Washington, SHERIFFS, PROSECUTING ATTORNEYS - DUTIES AND POWERS. On Apr. . 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. 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. So much for prime time. InvestigateWest reached out to each sheriff candidate in Washington hoping to clarify how they view a sheriffs authority. 1 goal is to protect and serve and enforce the laws of the state, Morrison 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. This statement was voted on and approved by a majority of the sheriffs in the . Hoping to quell their constituents' fears, the Washington State Sheriffs' Association put out a statement last week affirming their commitment to uphold the Constitution - specifically, the Second Amendment. It is estimated that movement has about 10,000 supporters, including 3,000 sheriffs. Sheriffs has allowed the Sheriffs to assist each other in fulfilling their duties and obligations to the people of this state as Since then, the so-called "constitutional sheriff" movement has grown in Washington. InvestigateWest (invw.org) is an independent news nonprofit dedicated to investigative journalism in the Pacific Northwest. This idea was pioneered by Christian identity minister William Potter Gale in the 1970's and 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. Any arguments that these sheriffs have regarding state or local . within the Constitution of the State of Washington. Washington state recently introduced bills for some of the strictest gun laws in the country but they have some very important opponents: the sheriffs. Your guarantee of this protection is insured by his oath to uphold the Constitution of our nation and state. CLARK KAUFFMAN Iowa Capital Dispatch. 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. This . The Constitutional Sheriff spans this chasm between you and the miscreants that would rob you of these inalienable rights. 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. Every Sheriff and Commonwealth Attorney in Virginia will see the consequences if our General Assembly passes further unnecessary gun restrictions, Jenkins said. You get the latest CSPOA updates & access more training to know your rights! The office of sheriff carries with it all its common law powers and duties except as modified by the constitution and statutes. 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 . I think its a decision that communities have to make on their own, she said. People ask me all the time, Do you believe in enforcing the Constitution? Yes, absolutely. 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. Your guarantee of this protection is insured by his oath to uphold the Constitution of our nation and state. In 2019, they awarded Songer the Washington State Constitutional Sheriff of the Year Award. 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.. 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. Hall. 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. . 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.. King County recently made the sheriff an appointed position instead of an elected one. 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. 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 my 30 years in law enforcement, I have never seen a bill passed like this, and signed into law that was on his face, so unconstitutional." Sheriffs have a lot of power, but ruling a law . All Rights Reserved. June 25, 2022, at 10:10 a.m. In 2019, they awarded Songer the Washington State Constitutional Sheriff of the Year Award. 1125 Washington St SE PO Box 40100 Olympia, WA 98504 (360) 753-6200 Not partially or totally mentally incapacitated. King County recently made the sheriff an appointed position instead of an elected one. Nearly half of those surveyed by The Marshall Project said they believe their power outranks the government's. Kitsap County Sheriff John Gese also rejected Macks ideology. I will follow the rule of law, Klickitat County Sheriff Bob Songer said at the time, when I believe its constitutional.. Two rural Nevada counties have joined "constitutional sheriff" Richard Mack's Constitutional Sheriffs and Peace Officers Association. Sheriffs have some discretion when enforcing laws, but they do not have the power to decide what is constitutional like the judicial branch. Already, 2020 election deniers are recruiting county sheriffs to more closely watch over future elections. Terms of Use and Privacy Policy. 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 . Theyve sort of cobbled together this theory based on authorities that dont really do what theyre claiming that they do.. They were also pivotal to the formation of the modern constitutional sheriff, militia and sovereign citizen movements, all of whom distrust or detest the government. enforcement community. 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). Michael Peroutka, a neo-Confederate, Christian Reconstructionist anti-LGBTQ activist who was the Constitution Party's presidential candidate in 2004. 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. CONTACT US. A statute sheriff is a servant to the Deep State and is in betrayal of their Constitutional oath. The Anti-Defamation League considers the organization an anti-government extremist group.. 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. To maintain a close working relationship with WASPC on 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. Page3]] the sheriff represents the sovereignty of the state and he has no superior in his county. These few, vocal sheriffs who have gone a little bit rogue are very concerning, she said. 2023 Cascade Public Media. If their assertion brings to mind the anti-government, militia-supporting Oath Keepers organization, you are on the right track. Be a part of it! Whether either court would have upheld an order of removal had the nonfeasance consisted of failure to investigate merely one or a few alleged violations of which the sheriff had been informed, of course, is doubtful. InvestigateWest. And with the Nov. 8, 2022, election just around the . And executive officials are obligated to enforce those laws unless and until they are repealed or a court . 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. 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.