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County Sheriff Can Bust Big Bro
Friday, 16 February 2007
The duly elected sheriff of a county is the highest law enforcement official within a county. He has law enforcement powers that exceed that of any other state or federal official.
This is settled law that most people are not aware of.
County sheriffs in Wyoming have scored a big one for the 10th Amendment and states rights. The sheriffs slapped a federal intrusion upside the head and are insisting that all federal law enforcement officers and personnel from federal regulatory agencies must clear all their activity in a Wyoming County with the Sheriff’s Office. Deja vu for those who remember big Richard Mack in Arizona.
Bighorn County Sheriff Dave Mattis spoke at a press conference following a recent U.S. District Court decision (Case No. 2:96-cv-099-J (2006)) and announced that all federal officials are forbidden to enter his county without his prior approval ......
"If a sheriff doesn’t want the Feds in his county he has the constitutional right and power to keep them out, or ask them to leave, or retain them in custody."
The court decision was the result of a suit against both the BATF and the IRS by Mattis and other members of the Wyoming Sheriff’s Association. The suit in the Wyoming federal court district sought restoration of the protections enshrined in the United States Constitution and the Wyoming Constitution.
Guess what? The District Court ruled in favor of the sheriffs. In fact, they stated, Wyoming is a sovereign state and the duly elected sheriff of a county is the highest law enforcement official within a county and has law enforcement powers exceeding that of any other state or federal official." Go back and re-read this quote.
The court confirms and asserts that "the duly elected sheriff of a county is the highest law enforcement official within a county and has law enforcement powers EXCEEDING that of any other state OR federal official." And you thought the 10th Amendment was dead and buried — not in Wyoming, not yet.
But it gets even better. Since the judge stated that the sheriff "has law enforcement powers EXCEEDING that of any other state OR federal official," the Wyoming sheriffs are flexing their muscles. They are demanding access to all BATF files. Why? So as to verify that the agency is not violating provisions of Wyoming law that prohibits the registration of firearms or the keeping of a registry of firearm owners. This would be wrong.
The sheriffs are also demanding that federal agencies immediately cease the seizure of private property and the impoundment of private bank accounts without regard to due process in Wyoming state courts.
Gosh, it makes one wish that the sheriffs of the counties relative to Waco, Texas and Oklahoma City, Oklahoma regarding their jurisdictions were drinking the same water these Wyoming sheriffs are.
Sheriff Mattis said, "I am reacting in response to the actions of federal employees who have attempted to deprive citizens of my county of their privacy, their liberty, and their property without regard to constitutional safeguards. I hope that more sheriffs all across America will join us in protecting their citizens from the illegal activities of the IRS, EPA, BATF, FBI, or any other federal agency that is operating outside the confines of constitutional law. Employees of the IRS and the EPA are no longer welcome in Bighorn County unless they intend to operate in conformance to constitutional law." [Amen].
However, the sad reality is that sheriffs are elected, and that means they are required to be both law enforcement officials and politicians as well. Unfortunately, Wyoming sheriffs are the exception rather than the rule . . . but they shouldn’t be. Sheriffs have enormous power, if or when they choose to use it. I share the hope of Sheriff Mattis that "more sheriffs all across America will join us in protecting their citizens."
If Wyoming Sheriffs can follow in the steps of former Arizona Sheriff Richard Mack and recognize both their power and authority, they could become champions for the memory of Thomas Jefferson who died thinking that he had won those "states’ rights" debates with Alexander Hamilton.
This case is not just some amusing mountain melodrama. This is a BIG deal. This case is yet further evidence that the 10th Amendment is not yet totally dead, or in a complete decay in the United States. It is also significant in that it can, may, and hopefully will be interpreted to mean that "political subdivisions of a State are included within the meaning of the amendment, or that the powers exercised by a sheriff are an extension of those common law powers which the 10th Amendment explicitly reserves to the People, if they are not granted to the federal government or specifically prohibited to the States."
Winston Churchill observed, "If you will not fight for right when you can easily win without bloodshed; if you will not fight when your victory is sure and not too costly; you may come to the moment when you will have to fights with all the odds against you with only a precarious chance of survival. There may be a worse case. You may have to fight when there is not hope of victory at all, because it is better to perish than to live as slaves."
Dave Robinson, Brunswick, Maine maine-patriot.com
"Perhaps it may be helpful for many of us to make a copy of this and send it to out local sheriff's department"
Turiya, this is what I intend to do. I think your idea is a wonderful idea for other people to do too.
Everybody lives in a county. Everybody might not be cognizant of the facts involved with living in a county, or a country, but whether they do it wittingly or not, starting down at the very bottom foundation of the jurisdiction pyramid everybody lives within the jurisdiction of a county first and foremost, and every county has a Sheriff in addition to a courthouse. Send a copy of this story to the Sheriff's office where you live. Take a copy to the courthouse and attach to the message board that every courthouse has for posting public notices.... and for those who really want to take a trip on the wild side, make a few more copies and then just sort of casually "oops", let them accidentally fall out of your hands... leave them lying around in public places where people going to and from courts are known to gather, like, down the street from courthouses at coffee shops, diners, barber shops, and the like. These are known to be places where common people often gather to discuss how they are having frauds perpetrated on them by the USG by way of the USG's system of courts..... novel idea, eh.... to leave a copy of this story where people are regularly found being screwed over by fraudulent application of laws....like, Sheriff's laws?
The county courthouse makes a great case in point for your comments on IRS. There are many, various and assorted common agents employed within courthouses whom agents within the IRS enlist in their act of perpetrating and promoting and propagating various frauds that are routinely perpetrated upon the common people. Without these many helpers, the IRS' job of continuing to propagate this gigantic fraud upon the people at large would not be possible. It is difficult to go into the official explanation of it all. The official explanation is known as Title 26 of USCode. Title 26 is generally provided in a book that is of a size on par with the public telephone directory of New York City. Got that? Any person who'd generally like to know what the formalized income taxation laws are is effectively required to commit to memory the public phone directory for New York City. Short of explaining all of that, here is a summarized example. The IRS and the many agents acting under the authority of the IRS routinely enlist the services of many and various other people and agencies of people salted throughout society in order to conduct and perpetrate income taxation frauds upon the people. For instance, there are official people operating within county courthouses, and these official people are routinely - daily, 24-7-365 - enlisted into assisting the IRS in perpetrating frauds upon common people. At a minimum, the person known as the official keeper of public records is routinely enlisted by the IRS to help the IRS perpetrate frauds upon the people. Additionally, the IRS also enlists the assistance of other organizations, such as people working at neighborhood banks where common people keep their money, as well as people employed within the payroll departments of corporations that common people have contracted with to work in exchange for pay. In other words, by the letter of the law, it truly does take a village to efficiently perpetrate massive income taxation fraud upon the common person. It's not just the IRS although this is the fountain head. Anytime your bank, against your wishes, gives your money to the IRS without without the authority of a lawfully acquired court order, the bank is now complicit in this fraud. This particular bank fraud is generally known as the crime of "conversion". If people working in the payroll department of your employer also help the bank to illegally convert your money "funds", they too are complicit in the perpetration of this fraud. Likewise with people operating in the county courthouse who contribute to this fraud, likewise with people operating under the authority of county Sheriffs.
Maybe it's just me (and you too, Turiya), but is it not a wonderful idea to provide some of these people with a copy of this story just to sort of.... you know, remind them what genuine law in action is supposed to look like?
In other words, Ohfor, we all need to let our county sheriffs know that they reign supreme and do not have to bow down to ANY federal agency without a federal court order (which may itself be unconstitutional), because the state is sovereign and within the state, the local sheriff is supreme.
When the state boys came after Ben Taylor at the behest of the FDA, all he had to do to run them off his property was to call the local sheriff, whom Ben had enjoyed some long talks with about constitutional rights and the authority of the local constitution. It probably did not hurt that Ben joined as a lifetime member of the Sheriff's association.
DQ