#cspoa

David Neiwert at The Spyhop:

Keith Swank is the new sheriff of Pierce County, Washington state’s second-largest. Besides believing that God told him to run for office, he also calls himself a “constitutional sheriff.”

So it was perfectly in character for Swank, testifying about a bill in the state Legislature to bar most law enforcement from using masks, to register his defiance of state authorities. “Just for the record, my deputies don’t wear masks,” Swank told the legislators. “But once you pass this law that they can’t, I will not only allow them, but I will encourage them to do so, just to see what you do. “I don’t recognize your authority to impose these controls over me.” [...]

People like Swank call themselves “constitutionalists.” It’s a benign-sounding label that journalists often just skip right over. But “constitutionalists” are devoted to the founding documents in the same way that the insurrectionist “Patriot” militiamen are “patriotic” rather than the seditionists they actually are.

In reality, being a “constitutional sheriff” means that Keith Swank is a far-right extremist with ties to insurrectionists (especially Stewart Rhodes of the Oath Keepers), white nationalists, Christian nationalists, and election denialists. Nice work, voters. These “constitutionalists” believe conspiracist far-right theories that the sheriff of each county is the supreme law of the land, capable of overruling federal and state laws as well as the judiciary itself in determining which laws are “constitutional.”

The underlying claim is that county sheriffs have superior status by virtue of being elected—even though in fact the U.S. Constitution makes no mention of local sheriffs or their powers at any point. This status, they believe, enables sheriffs and their deputies to ignore all federal or state laws they choose, and to only force local laws of their choosing. They are also free to ignore court rulings if they choose.

In reality, the Constitution’s Supremacy Clause (Article VI, Clause 2) stipulates that the federal Constitution and its laws are the “supreme Law of the Land”. It ensures that federal law takes precedence over conflicting state and local laws. But so-called “constitutionalists” claim that the Constitution’s power doesn’t extend to local law enforcement—a claim that has failed every time it has been tested in the courts. The wellspring of these ideas is the Constitutional Sheriffs and Peace Officers Association, ex-Arizona sheriff Richard Mack’s nationwide organization that promotes these groundless theories, which extremists like Cliven and Ammon Bundy have leveraged to create armed standoffs with federal officers.

CSPOA first gained traction nationally when it became a loud faction of the Tea Party movement, especially through its close association with Rhodes and the Oath Keepers, who themselves loudly promoted “constitutionalist” political theories and talking points. Mack appeared at over 70 Tea Party events, telling audiences that they could save America by electing sheriffs aligned with their ideology. The core of Mack’s ideology is drawn from the work of W. Cleon Skousen, a leading light of the radical right in the 1960s and ‘70s, famous for his red-baiting books and speeches. 

[...] Their political alignment with Trump’s ICE secret-police force is nearly absolute, both in terms of their desire to resist losing the ability of officers to mask as well as their agreement with MAGA’s Nativist immigration agenda. Songer complained to the Puyallup audience that Washington attorney general Nick Brown had placed him under investigation for violating a state law barring local cooperation with ICE. Songer claimed such laws were “unconstitutional.” “I will call ICE anytime I feel like calling ICE,” Songer declared, openly defying state laws. Songer added that if Trump’s “border czar” Tom Homan came to the state, “he could ride shotgun and we’ll go out and pick up some illegals.”

This kind of defiance of the normative power structure in American democracy is a major feature of the MAGA assault on our institutions, and its underlying attitude of utter disrespect has infected law-enforcement operations across the nation, from federal agencies like ICE to the sheriff’s departments in multiple locales, both rural and—is in Swank’s case—urban precincts. Rather than flee the associations with radical extremists and flaming bigots, they embrace them defiantly and dare anyone to hold them accountable. Remember when policer officers were exposed as members of the Oath Keepers after Jan. 6—and then unblinkingly doubled down and insisted that there was nothing wrong with belonging to an organization whose leader faced trial for (and was later convicted of) seditious conspiracy. CSPOA-affiliated Sheriff Mark Lamb of Pinal County, Arizona, said that he “appreciate[s] those guys standing up for the rule of law, the Constitution and freedom.” He also defended the Jan. 6 insurrectionists. “Just because somebody was there doesn’t necessarily mean they’re guilty,” he said, adding: “I guarantee you [the rioters] are very loving, Christian people. They just happen to support President Trump a lot.” All of these officers are revealing their own extremism in part because they don’t see “patriot” beliefs as extremist—even though such essential tenets as the view that sheriffs are the supreme law of the land with power superseding federal and state authorities, as well as the notion that the Second Amendment nullifies any and all gun regulation, are readily debunked nonsense whose only believers are right-wing extremists.

Payton Armstrong at MMFA:

Sheriffs associated with the anti-democratic “constitutional sheriff” movement — which falsely asserts that sheriffs represent the highest law of the land — have used their positions to investigate baseless election conspiracy theories across the country, including in key swing states. Many of these so-called constitutional sheriffs have also used right-wing media appearances to spread the movement’s talking points, claiming that the country’s 3,000 sheriffs “have awesome power” to enforce their views. They've also spread misinformation about voter fraud, fearmongered about migrants coming across the border, and vowed not to enforce federal or state gun control laws or COVID-19 mandates. Media Matters found that a dozen sheriffs connected to the constitutional sheriff movement’s leading groups have been featured in right-wing media in recent years, including 6 sheriffs who have appeared on Fox News at least 103 times combined since January 1, 2020. Many of the sheriffs have also repeatedly appeared on One America News and other far-right outlets.

So-called “constitutional sheriffs” are part of a growing movement falsely claiming they have ultimate authority to decide whether a law is constitutional

The constitutional sheriff movement falsely asserts that sheriffs represent the highest law of the land, answering only to the U.S. Constitution and superseding any state or federal authority, including the president. The Southern Poverty Law Centers says that sheriffs who adhere to this ideology “are under the false impression that their role as sheriffs allows them to circumvent the structure of checks and balances put in place by the Constitution.” SPLC also argues that the movement is “actively damaging the nation’s rule of law and attempting to shape the U.S. into a country where fringe law enforcement officers determine what human, civil and property rights they will enforce.” According to States United Democracy Center, “many aspects of sheriffs’ roles are controlled by state constitutions and/or statutory law, including their duties, compensation, terms of elections, and procedures for removal.” [Southern Poverty Law Center, accessed 6/25/24, 6/6/22; States United Democracy Center, 10/4/22]

Two leading groups promoting the constitutional sheriff movement’s ideology are the Constitutional Sheriffs and Peace Officers Association (CSPOA) and Protect American Now (PAN). CSPOA and PAN — which were formed by former Graham County, Arizona, Sheriff Richard Mack and current Pinal County, Arizona, Sheriff Mark Lamb, respectively — teach sheriffs that they have the authority to exert more control over the voting process and the border, and they encourage sheriffs to refuse to enforce gun control laws or COVID-19 mandates they deem unconstitutional. [Southern Poverty Law Center, accessed 6/25/24; The Washington Post, 11/2/21]

CSPOA and PAN have increasingly turned their focus toward promoting election denial, such as urging sheriffs to investigate supposed voter fraud. During the 2022 midterms, CSPOA encouraged sheriffs to closely monitor for voter fraud, and ahead of the 2024 election, the group is reportedly urging sheriffs to insert themselves into more aspects of the voting process. CSPOA and PAN have worked with other extremist groups to monitor drop boxes, including the QAnon-linked election denial organization True the Vote. [Talking Points Memo, 4/18/24, 8/8/24; The New York Times, 7/25/22; The Guardian, 8/17/22]

There is reportedly growing acceptance of the constitutional sheriff movement’s ideology among sheriffs across the country. Since 2018, at least 69 sheriffs out of 3,000 nationwide have either been identified as members of CSPOA or publicly supported it, according to the Arizona Center for Investigative Reporting. But CSPOA’s ideology may be more pervasive: A Marshall Project survey of over 500 of the country’s sheriffs found that more than 48% of respondents agreed that their authority within their own counties supersedes that of the state or federal government. Additionally, CSPOA has “continued to recruit sheriffs into their group and its related ideology through events targeting law enforcement, an online television show and membership in their association.” [Southern Poverty Law Center, accessed 6/25/24; The Associated Press, 8/21/23; Arizona Center for Investigative Reporting, 10/20/22; The Marshall Project, 10/18/22] 

Alex Kaplan at MMFA:

A group of far-right media figures has announced the formation of a militia group that is dedicated to “mobiliz[ing] to DEFEND this Republic from any enemy.” The newly formed group includes Rumble streamers Pete Santilli and Stew Peters, who have both called for political opponents to be killed. The militia has established several social media accounts with the apparent aim of recruiting members, including an account on Instagram. On June 3, podcaster and alleged January 6 participant Jake Lang announced a “NATIONAL CONSTITUTIONAL MILITIA” called the “North American Patriot and Liberty Militia,” or “NAPALM” for short. Lang claimed that NAPALM was “organized and ready to mobilize to DEFEND this Republic from any enemy. Forgien or Domestic.” Lang — who wrote that he would serve as “national chairman” of the militia group — “faces multiple charges of assaulting law enforcement officers” and has been held in jail ahead of his September trial for his alleged crimes and what a judge called “a continued willingness to engage in violence.” The militia’s site, which was linked in the announcement post, claims that the militia already has “over 20,000+ members across all 50 states,” including “active Sheriffs, military, veterans, emergency responders, doctors, farmers, entrepreneurs, and blue collar Americans.” [...] To promote and recruit for the militia, the group established public, state-specific Telegram groups for people to join and then be vetted for more private chats. The militia urges people to “make your Telegram account anonymous before joining,” and a message in the public groups details next steps “to get you placed in your Vetted County Militia chat where you can message back and forth with other members & the Leadership.”

Alex Kaplan at MMFA:

Richard Mack, the leader of a far-right sheriffs organization, told multiple podcasts in late September that President Donald Trump’s “border czar” Tom Homan said he would send at least a member of his staff to the organization’s upcoming national conference. Mack is a former Arizona county sheriff and the founder of the Constitutional Sheriffs and Peace Officers Association, an organization which subscribes to the ideology that sheriffs “should be the ultimate law enforcement authority in the U.S.” The organization claims that sheriffs have the “Constitutional authority to check and balance all levels of government,” superseding “any agent, officer, elected official or employee from any level of government when in the jurisdiction of the county.” Constitutional scholars and other experts dispute this assertion, with some noting that the Constitution doesn’t mention sheriffs at all. Mack and CSPOA have pushed for sheriffs to get involved with mass deportation efforts, even holding the organization’s November national conference in Washington state in part because its attorney general is suing a sheriff for aiding the Trump administration’s deportation efforts. Mack also said he has been talking to Homan about “getting sheriffs involved in deportation.”

Eric Hananoki and Olivia Little at MMFA:

Moms for Liberty’s upcoming national summit will feature KrisAnne Hall, a far-right commentator who has been a member and host for the anti-government Oath Keepers militia. Hall is also an election conspiracy theorist who “compared the U.S. Capitol police to Nazi S.S. troops” and gave an anti-government presentation to the white nationalist and pro-Confederate group League of the South.  Moms for Liberty is hosting a summit this week in Philadelphia, Pennsylvania. The right-wing organization works to pass anti-LGBTQ laws across the country, especially regarding education, and helps platform extremists. The organization has also repeatedly quoted Adolf Hitler.

Numerous right-wing politicians will be speaking at the event, including former President Donald Trump and Florida Gov. Ron DeSantis. North Carolina Lt. Governor Mark Robinson will also appear. Robinson has a history of making vitrolic remarks about abortion, Jewish people, LGBTQ rights, school shootings, and other topics, including defending sexual predators Harvey Weinstein and Bill Cosby.  Moms for Liberty has been heavily intertwined with vitriolic right-wing commentators. Anti-LGBTQ pundits Dennis Prager and James Lindsay are scheduled to address the summit. Anti-Muslim commentator Katie Gorka will also speak. 

The group is also giving the stage to fringe commentator KrisAnne Hall. She is a lawyer who has appeared as a guest on far-right outlets, including on QAnon programs like BardsFM and RedPill78. She works with the Constitutional Sheriffs and Peace Officers Association, a far-right and white nationalist-tied organization whose central tenet is that the authority of county sheriffs exceeds that of the state and federal government, and that those officials can nullify federal laws. She has spoken at previous Moms for Liberty events, including its national summit last year.  Hall works with her husband and former pastor JC Hall, who is also set to address the summit. The two frequently make media appearances together, including recently appearing on the program of mass shooting conspiracy theorist Alex Jones.  [...]

Hall is an election conspiracy theorist. Hall frequently pushed the conspiracy theory that Trump had the election stolen from him. She wrote on January 3, 2021: “Please call and email both of your State Senators AND your House Representative and demand they Stop the Steal. We have included a sample script to help you. … #StopTheSteal.” Hall’s script included lines demanding that the elected official “must publicly and actively stop the theft of this election or I will never” vote for that person again.  On January 6, she wrote: “THIS, America, is the REAL COUP, turning lawlessness into legal activity turning fraud into the means by which our elections are to be decided. What message will REAL AMERICANS send today? … #StopTheSteal.” 

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