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Trends and Threats of Hate & Antigovernment Extremism

Illustration of masked people at US Capitol
Illustration: Matt Williams

As Militia Numbers Decline, Antigovernment Threat Persists

By Freddy Cruz

The Southern Poverty Law Center identified 61 active militia groups throughout the United States in 2022. This is a decline from the 92 active militia groups identified in 2021. This decrease in active paramilitary groups took place at a time when several antigovernment militants face charges for their roles in multiple high-profile incidents including the Jan. 6 insurrection, foiled kidnapping plots and the stockpiling of dangerous weapons.

The Southern Poverty Law Center defines the antigovernment movement as a conspiratorial movement focused on curtailing the powers of both state and federal governments. This movement is composed of sub-ideologies, with each propping up a different tactic to challenge government officialdom. The American militia movement acts as the paramilitary arm of the antigovernment movement.

The Militia Movement on Jan. 6

Of the major incidents that have stained the concept of unregulated militias, one of the most notable in recent history is the Jan. 6, 2021, insurrection. It was then that several antigovernment militants stood side by side with radicalized citizens to take part in what was an attempt to stop the certification of electoral votes that would cement Joe Biden鈥檚 position as the 46th president. Included in this mob of insurrectionists was Stewart Rhodes, leader and founder of the Oath Keepers, along with other members of his organization.

Since its founding in 2009, the Oath Keepers have peddled wild conspiracy theories that allege the federal government will confiscate firearms from law abiding citizens, force the American population into concentration camps, attempt to control the population through forced vaccinations and help usher in what Rhodes deemed the next 鈥渃ivil war.鈥 Rhodes and the Oath Keepers have backed their extreme rhetoric with real-world demonstrations, often facing off against law enforcement agencies or antiracist activists.

After the attempt to overthrow the government, the United States House Select Committee on the January 6 Attack took on the responsibility of investigating all parties involved in the assault. Following a law enforcement investigation and eight-day trial, on Nov. 29, 2022, a federal jury found Rhodes, along with the Florida chapter leader of the Oath Keepers, Kelly Meggs, guilty of seditious conspiracy. The jury convicted a total of five Oath Keepers, Rhodes, Meggs, Kenneth Harrelson, Jessica Watkins and Thomas Caldwell of obstruction of an official proceeding.

As Rhodes and some of the Oath Keepers deal with ramifications for storming the Capitol, the overall size of the organization has dwindled. Over the past three years, the number of active Oath Keepers chapters has declined to 15 chapters in 2021 from approximately 79 active chapters in 2020, to just 5 active groups in 2022. Although there has been a decline in active Oath Keepers chapters, threats from white supremacists and antigovernment extremists have increased in recent years.

When it comes to the Jan 6. insurrection, many of those facing legal charges had ties to various antigovernment militia groups and movements. Days after the insurrection, the , This is Texas Freedom Force. As , Reffitt was a dues-paying member of This is Texas Freedom Force, although the organization members distanced themselves from Reffitt, saying he did not attend meetings or events.

On August 1, 2022, Reffitt was sentenced to more than seven years in prison for his role in the insurrection. In a news release, the Department of Justice highlighted Reffitt鈥檚 trial from March 2022, where a jury found him guilty on two counts of civil disorder, one count of obstruction of an official proceeding, one count of entering and remaining in a restricted building or grounds with a firearm and one count of obstruction of justice.

Michigan Fights Back

This past year, high-profile legal battles did not revolve around the insurrection only. In October 2020, local Michigan law enforcement and the FBI teamed up to arrest 14 individuals who were allegedly planning to kidnap Michigan Gov. Gretchen Whitmer. The men were allegedly members of the Wolverine Watchmen, an antigovernment militia group hell-bent on overthrowing the state government.

In 2022, three of the Wolverine Watchmen were sentenced to multi-year teams in state prison for their material support for the individuals conspiring to kidnap Whitmer. Of the 14 individuals arrested in connection with the plot, six of the men faced charges in federal court and eight in state court. The three men, Joseph Morrison, Paul Bellar and Pete Musico, . Adam Fox, Barry Croft Jr., Ty Garbin, Kaleb Franks, Daniel Harris and Brandon Caserta were alleged to be the six core members of the group. In early 2022, both and Ty Gabin pleaded guilty and took a plea deal agreeing to cooperate with the government as it built a case against others in the group. Gabin was of 2 陆 years for his assistance while Franks, who has faced up to life in prison, with an additional three years of court supervision upon his release.

Following mistrials resulting from a deadlocked jury, Fox and Croft were convicted in federal court in August of kidnapping conspiracy and conspiracy to use a weapon of mass destruction. In late December, a for his role in the attempted kidnapping. Days later, it to 19 陆-year in prison, labeling him the 鈥渋deas guy鈥 of the plot.

Daniel Harris and Brandon Caserta were found not guilty of federal charges in April 2022.

Dismantling the New Mexico Civil Guard

Since the early 90鈥檚 antigovernment militia groups have marketed the idea that organizing as a private military force is a protected right under the U.S. Constitution. The case against the New Mexico Civil Guard (NMCG) is an example of how existing laws can be used to hold militias accountable for their dangerous and often illegal activities.

During the 2020 protests that broke out in the wake of the death of George Floyd, the antigovernment group dubbed the New Mexico Civil Guard, showed up to an antiracist protest with the intent to police protestors near Old Town in Albuquerque, New Mexico. After protestors clashed with antiracist demonstrators, a scuffle ensued leaving one person shot. Although the shooter was not part of the NMCG, in by the state, the NMCG was described as having 鈥渆xacerbated鈥 the situation.

The complaint also highlighted some of the links between NMCG members and known white supremacist and neo-Confederate organizations. A point of concern was NMCG鈥檚 history of showing up to try and police events as a private paramilitary force. In October 2022, Second Judicial District Court Judge Elaine Lujan ruled the NMCG broke the law by organizing and trying to police the 2020 protestors in Old Town. Lujan鈥檚 ruling also as a militia and ordered NMCG to cover $8,350 in legal fees incurred by the Bernalillo County District Attorney鈥檚 office in its attempt to obtain relevant court documents.

The district attorney鈥檚 office viewed the ruling as a substantial victory. The impact is expected to extend beyond on the New Mexico Civil Guard and anticipated to prevent other militia groups in the future from organizing in a coordinated capacity to threaten and intimidate the public.

In the wake of the Jan. 6 insurrection, both the justice system and big tech companies have had to reevaluate their roles in helping curtail the growing threat posed by antigovernment militia groups and their ardent supporters. As legal cases run their courses through the justice system, militia groups have had to go underground to reorganize and recruit. In 2022, these efforts to hold militia groups accountable for their vigilante activities have resulted in stifled growth and a decline in active militia organizations. As antigovernment ideas bleed into other extremist movements, the decline in militia groups is not representative of the entire landscape of organizationally unaffiliated but hard-right inspired extremists activated over the past year.

Recommendations for positive change

As law enforcement and military agencies explore new ways to deal with the threat posed by antigovernment militias, the 人兽性交 has drafted several policy recommendations that will aid in dismantling this organized threat to democracy.

In order to confront militia violence and intimidation, federal and state authorities 鈥 including state attorneys 鈥 can actively support existing laws that make it illegal to form private militias. They should also work to educate agents on how to enforce those laws and put policies in place that prevent law enforcement agents from engaging in paramilitary training and participating in political intimidation.

To prevent antigovernment militia members and their sympathizers from infiltrating branches of the government, the Department of Homeland Security along with state and local law enforcement can make a greater effort to adopt policies that prevent the hiring, retention and promotion of personnel who actively promote white supremacy, violence or other bias against persons based on those person鈥檚 personal characteristics.

In searching for policies that could help mitigate political violence, states should restrict firearms in and around state capitol and government buildings and near polling locations. In the fight against hate and extremism, the 人兽性交 offers these recommendations as just a few of the ways that both lawmakers and law enforcement can adopt changes to continue to mitigate the growth of antigovernment militia and other extremist sentiment at both the national and local level.


Illustration of US flag with crosses substituting stars
Illustration: Matt Williams

Old Bigotries Melded With New Conspiracies Burgeon White Christian Nationalism

By Joe Wiinikka-Lydon, Emerson Hodges and R.G. Cravens

White Christian nationalism is a key ideology that inspired the failed Jan. 6, 2021, insurrection and fueled multiple failed political campaigns in 2022. Even with these major public losses, however, white Christian nationalism remains a persistent and growing threat to U.S. democracy.

The principles and values that animate white Christian nationalism are not novel. Extremist and antigovernment organizations have mobilized around the ideology before, and in 2022 many claimed the label as a badge of honor. However, white Christian nationalism threatens democracy and human rights for all.

White Christian nationalism generally refers to a political ideology and identity that fuses white supremacy, Christianity and American nationalism, and whose proponents claim that the United States is a 鈥淐hristian nation.鈥 Their ideology鈥檚 end goal is power for 鈥渢rue Americans鈥 who hold their specific political and religious views. In this paradigm, the nation鈥檚 foundational separation of church and state contradict their conception of God鈥檚 plan, and U.S. laws, policies, leaders and even culture should reflect adherents鈥 extremely narrow interpretation of biblical values.

Anthea Butler wrote in a compiled by Baptist Joint Committee for Religious Liberty, Freedom From Religion Foundation, and Christians Against Christian Nationalism: 鈥淭he scene in the Senate chamber at the [Jan 6] insurrection is the best physical description of the phenomenon. Their prayer in the chamber 鈥 in which they began 鈥淛esus Christ, we invoke your name鈥 鈥 hints at the rot at the core of religious nationalism: the assumption that Christ is at the core of efforts to establish and promote white protestant Christianity in the service of white male autocratic authority.鈥

White Christian nationalism is exclusionary and antidemocratic. Adherents view large segments of the U.S. population as un-American and often ascribe labels such as Marxists, communists and even pedophiles to civil rights advocates who champion a pluralistic, multiracial, equitable democracy.

For decades white Christian nationalist ideas were a foundation that linked the far-right antigovernment and 鈥渞eligious right鈥 movements in the U.S. In the 1990s, the antigovernment movement self-identified as the 鈥淐hristian Patriot鈥 movement and combined support for militias, conspiracies, and 鈥渃onstitutionalist鈥 reasoning with a belief in Christian prophecy applied to the U.S.

Meanwhile, the early 鈥渞eligious right鈥 movement was fronted by the efforts of Jerry Falwell鈥檚 so-called Moral Majority Republican politics that skirted the edges of the more blatant white Christian nationalism of R.J. Rushdoony. Both factions of the religious right were harbingers of present-day anti-人兽性交, anti-Muslim and male supremacist efforts. Today鈥檚 white Christian nationalism has brought together these movements in its crusade against secularism and sees diversity as a problem that undermines the country鈥檚 integrity and viability.

White Christian nationalism is expressed as the original form of identity politics that validates only one identity, the white Christian nationalist, as the true inheritor of the white 鈥淔ounders鈥欌 nation.

Adherents of white Christian nationalism are also some of the biggest drivers of antidemocratic conspiracy theories and election denialism. Like a political rally with a splash of baptismal water, white Christian nationalism is on exhibit at the ReAwaken America Tour 鈥 a series of rallies led by Clay Clark and Michael Flynn, former national security adviser in the Trump administration. What began as a protest against COVID-19 mandates rebranded shortly after the Jan. 6 insurrection into a touring MAGA Christian revival.

Over the last two years, ReAwaken America has visited over 15 cities and engaged thousands of people, offering participants conspiracies and baptisms, extremist sermons and misinformation, and becoming a singular force propagating the 鈥淏ig Lie鈥 that Donald Trump won the 2020 presidential election 鈥 against all evidence to the contrary. This tour鈥檚 messages reinforce the idea that there is no separation between church and state. In 2022, 人兽性交 polling of a nationally representative sample of people in the U.S. found that nearly two-thirds of people disagree with the tour鈥檚 promoters and strongly support the separation of church and state.

The problem with this view is not Christianity. Indeed, this white Christian Nationalism is laced with inherently stark contradictions. Many mainstream Christians in communities across the country deeply value diversity, and the historical foundation of the separation of church and state. The problem, instead, is how reactionary and exclusive this ideology is.

Jemar Tisby
Jemar Tisby, an activist and scholar whose early Christian faith was shaped by his experience in a white evangelical environment. (Credit: Eric Lee)

As Jemar Tisby, an activist and scholar whose early Christian faith was shaped by his experience in a white evangelical environment has said, 鈥淭his ideology's narrow conception of who is 鈥榯ruly鈥 American and what constitutes Christianity is diametrically opposed to the free, equitable and multiracial society that we need to construct.鈥

The ReAwaken tour, and white Christian nationalists, present politics as an apocalyptic fight between 鈥済ood and evil,鈥 making it hard to imagine any possibility for the kind of political compromise that is so necessary for a functional democracy. Speakers such as Flynn cast progressives and other Americans as 鈥済lobalists,鈥 鈥渃ommunists鈥 and un-American. He and others rail against antiracism curriculum and denigrate trans people.

Flynn has said, 鈥淥ur children鈥檚 lives and futures are at risk when our schoolboards ... shove [critical race theory] and transgender nonsense down their throats.鈥 He has also said publicly, 鈥淪o, if we are going to have 鈥榦ne nation under God,鈥 which we must, we have to have one religion, one nation under God, and one religion under God.鈥

Groups like the ReAwaken America Tour claim that their exclusive ideology is meant to protect children and the nation, even as they scapegoat trans children and their families, demonize neighbors with different political views and help erode democratic norms and institutions.

That same exclusionary ideology is present in anti-人兽性交 extremist groups monitored by the 人兽性交. For example, Alliance Defending Freedom (ADF), which has claimed 鈥淭he homosexual agenda will destroy Christianity and society,鈥 contended that 人兽性交 people are more likely to be pedophiles, and the organization defended laws forcing sterilization of transgender individuals.

Family Research Council (FRC) claims to advocate for 鈥渞eligious liberty,鈥 yet the organization鈥檚 work to make the Bible the authoritative text of American governance would legalize discrimination, not just against 人兽性交 people but also against multiple marginalized groups, and eventually drive them from public life.

FRC President Tony Perkins has called on public school teachers to children, has advocated restrictive school curricula and has claimed 鈥淐hristian nationalism鈥 is a term invented to persecute Christians. At the same time, Perkins, FRC and other anti-人兽性交 hate groups reject the idea that 人兽性交 people can be full participants in American society. Indeed, Perkins called 人兽性交 people the 鈥渮enith of man鈥檚 rebellion against God鈥 and regularly claims that extending civil rights protections to 人兽性交 people comes at the cost of 鈥渞eligious liberty,鈥 a term often used as a cover to discriminate against 人兽性交 individuals.

In 2022, these old bigotries melded with new conspiracies to become a burgeoning white Christian nationalist ideology that produced an especially toxic environment for marginalized and vulnerable people in the United States.

The renewed usage of 鈥済roomer鈥 rhetoric fueled a moral panic in 2022 that contributed to violence against 人兽性交 people. Five people were murdered in the Club Q mass shooting in Colorado Springs, Colorado, simply because they were in an 人兽性交 nightclub. In addition, anti-transgender rhetoric led extremists continue to target children's hospitals and libraries 鈥 spaces that are integral to American civil society.

The groups who promote these views claim to protect children. In reality, they target children鈥檚 events, placing kids in harm鈥檚 way. Further, their attempts to eliminate accurate and inclusive public education reflect their desire to shape the next generation of Americans in the image of white Christian nationalism.

Christian scholars and laypersons across denominations have decried the white supremacy, heterosexism, antisemitism and nationalism espoused by white Christian nationalists. Such scholars and writers as Anthea Butler, Obery Hendricks, Jennifer Butler and networks including Christians Against Christian Nationalism and Faithful America demonstrate that white Christian nationalism is also an attack on values held by millions of Christians in the United States.

is a historian, New York Times bestselling author of The Color of Compromise and founder of The Witness: A Black Christian Collective, a multimedia platform where he writes about race, religion and culture. In Tisby鈥檚 podcast for The Witness, he explores white Christian nationalism and anti-racism research and work. This production offers resources and opportunities that can help communities and individuals locally push back against white Christian nationalism.


Resources for Countering White Christian Nationalism

  • Amanda Tyler,
  • Jemar Tisby,

Illustration of people with pitch forks at synagogue painting
Illustration: Matt Williams

American Antisemitism Animates the Hard Right

By Alon Milwicki and Rachael Fugardi

Antisemitism is a constant in American history; 2022 was no different.

Throughout the year, celebrities, politicians and other public figures have promoted and embraced antisemitic rhetoric. This normalization of antisemitism has boosted the profile of many extremist groups and has resulted in direct threats to the Jewish community.

In 2022, Jewish people and spaces were regularly harassed, assaulted, vandalized and threatened. The beginning of the year was marked by an armed standoff outside a synagogue in Colleyville, Texas, when a gunman disrupted Sabbath services and took four people hostage. In December, a man shot a pellet gun at a Jewish man and his son outside of a kosher supermarket in Staten Island, New York.

In the weeks following the takeover of Twitter by Elon Musk, the platform saw a 61% increase in according to a collective of non-profits. While reports of violence and nakedly antisemitic rhetoric this year made the country鈥檚 problem with antisemitism clear, the problem is far from new, and the consequences we now see were unfortunately predictable.

In 2022, the growth of overtly antisemitic groups, including those that ascribe to Christian Identity theology, remained relatively stagnant. However, key elements and beliefs were evident in the white nationalist hate group actions and rhetoric.

In a white nationalist and Holocaust denier Nick Fuentes laughed about the history of violence targeting Jewish people around the world and warned, 鈥淭he Jews had better start being nice to people like us because what comes out of this is going to be a lot uglier and a lot worse for them than anything that鈥檚 been said on this show.鈥 On the ground, hate groups like Goyim Defense League across the country with antisemitic flyers, more than tripling their propaganda efforts from 2021, Jonathan Greenblatt.

The total number of Holocaust denial groups did not grow significantly, however, new documented activity by Clemens and Blair publishing in 2022 further clarifies how interconnected Holocaust deniers and Holocaust revisionist organizations are in the U.S. These groups and publishing companies claim to be centered on open discussion, but they often blame Jewish forces for suppressing their revisionist history of Nazi Germany and for controlling the U.S. understanding of the horrors of Nazi Germany.

Throughout the 2022 election cycle, no name was invoked more in association with dirty money, control of media and politics or the existence of shadow government and "deep state" than George Soros, the Hungarian-American Jewish businessman and philanthropist. Right-wing media and politicians have consistently positioned Soros as a boogeyman whose influence and ideas will destroy American democracy and replace it with a Marxist communist society. These attacks bare all the hallmarks of standard and persistent antisemitic tropes, including that Jews control the media and government and that a small cadre of Jewish leaders is in control of all world affairs. Soros鈥 name serves as a basis for the normalization of antisemitism and acts as a stand-in for more explicitly bigoted statements.

In partnership with the Institute for Strategic Dialogue and CASM Technology, the 人兽性交 found a noticeable peak in online social media posts about 鈥淪oros and Warnock鈥 and 鈥淛ew and Warnock鈥 when analyzing social media trends regarding the midterm runoff election in Georgia. Antisemitic activists and groups spread false ideas about Jewish influence in elections in order to discredit the powerful, difficult and successful work of African American people and the multiracial coalition working for voting rights and representation in the South.

In early October, Ye 鈥 formerly known as Kanye West 鈥 launched into an antisemitic tirade that garnered national attention. In an interview with Fox News host Tucker Carlson, Ye made several hateful statements about Jewish control and greed and subsequently doubled down on social media, threatening to go 鈥渄eath con 3 On JEWISH PEOPLE.鈥 He eventually joined far-right conspiracy theorist Alex Jones for an interview during which Ye claimed, 鈥淚 like Hitler鈥 and went on to add, 鈥淭hey did good things too. We have got to stop dissing the Nazis all the time.鈥

Ye has nearly 18.5 million followers on Instagram 鈥 a number that far exceeds the global Jewish population. This is a sizable audience that extremists are eager to tap. In mid-October, the hate group Goyim Defense League leveraged the media attention brought on by Ye鈥檚 remarks by hanging banners in Los Angeles that read 鈥淜anye is right about the Jews.鈥

Ye鈥檚 online threats also appear to have had real-world consequences. In November, dozens of headstones in a Jewish cemetery outside of Chicago, Illinois, were vandalized with swastikas and the message 鈥淜anye Was Rite.鈥 The following month, a man was in Central Park by someone who allegedly shouted 鈥淜anye 2024鈥 during the attack in addition to antisemitic comments.

Similarly, when neo-Nazi Andrew Anglin鈥檚 Twitter account was reinstated, he immediately expressed his support, posting, 鈥淚 am Officially endorsing Ye For President Of America.鈥 This support was not limited to white supremacists. In a November webcast, notorious antisemite and leader of the Nation of Islam, Louis Farrakhan, reiterated antisemitic tropes about Jewish power and influence. Farrakhan praised a film and his own book which falsely promote the antisemitic conspiracy that Jewish people initiated the transatlantic slave trade and continue to exert control over Black people.

In the lead-up to the 2022 general election, Minnesota Secretary of State candidate Kim Crockett 鈥 image to display a consistent and abhorrent antisemitic trope in a video played at the state GOP convention. The footage showed Soros acting as the puppet master behind the scenes and pulling the strings behind her Democratic opponents. Jews as the heads of a shadow government controlling world events is a trope traced back to World War II and earlier.

When public figures use their large platforms to endorse antisemitism, the consequences are not confined to online spaces or extremist circles; this rhetoric threatens the safety of the Jewish community. The Soros-related conspiracy theories that were popular in political advertisements this year were the same ones that Cesar Sayoc shared online prior to his conviction for public figures including Soros in 2018.

On December 7, second gentleman in response to the increase in antisemitic rhetoric. Invited to the meeting were several prominent Jewish leaders of notable organizations dedicated to monitoring and combating antisemitism and the 鈥渆pidemic of hate facing鈥 the country. This by White House Press Secretary Karine Jean-Pierre, who stated that President Biden believed antisemitism is an issue all Americans need to acknowledge, adding that he called on 鈥渁ll Americans鈥 to 鈥渇orcefully reject antisemitism.鈥 While administrations in the past have appealed for a more robust examination of antisemitism and anti-Jewish sentiments and hate groups in America, President Biden has put words into action.

At a conference on December 16, Ambassador Deborah Lipstadt, the Biden-appointed special envoy to monitor and combat antisemitism, reflected on Emhoff鈥檚 meeting, asserting, 鈥淎ntisemitism is not a niche issue鈥 and that it cannot be fought in silos. Lipstadt鈥檚 point is supported by that 12-15% of American Jews are people of color, 10% are immigrants and 20% are children of immigrants. The recognition that anti-Jewish hatred represents a core facet of other bigoted ideologies emphasizes the need for a more robust and intersectional approach to combating antisemitism in America.

Rebecca Stapel-Wax
Rebecca Stapel-Wax is the executive director of SOJOURN, which advocates for gender and sexual diversity across Jewish communities in the South. (Credit: Audra Melton)

As the executive director of the Atlanta-based nonprofit , Rebecca Stapel-Wax seeks to dismantle silos among civil and human rights groups and build inclusion for 人兽性交 communities in harmony with her Jewish faith. 鈥淲e are grounded in a faith that really uplifts and encourages and supports all community members,鈥 Stapel-Wax said of her organization鈥檚 guiding beliefs. 鈥淲e empower communities to advance and celebrate gender and sexual diversity across the South,鈥 Stapel-Wax explained. 鈥淵ou鈥檒l notice that there鈥檚 no 鈥楯ewish鈥 involved in that particular [mission] statement because our Jewish values are really the foundation.鈥

In SOJOURN鈥檚 work to build a collective movement for equality and to celebrate the multifaceted nature of people鈥檚 identities, the organization has created comprehensive and queer-inclusive sex education programs for teens, as well as materials that dismantle rigid and regressive gender stereotypes for children. SOJOURN also advocates on behalf of Jewish and 人兽性交 individuals seeking to adopt and provides resources and support to parents of gender-expansive children.

SOJOURN also has become a hub for both regional and national collaboration through its partnership with to 鈥渨ork with Jewish organizations in the South to build or support an 人兽性交+ equality working group.鈥 Joining with such established organizations and networks is an effective way to counter hate and build inclusive spaces in all communities. 鈥淐onnect through social media,鈥 Stapel-Wax recommends. 鈥淕et like-minded people 鈥 people who are active [and] find the passion that you have in a formed group.鈥

However, such intersectional movements for inclusion will not always be flawless, Stapel-Wax said. 鈥淲hen we get pushback from the folks that we鈥檙e trying to support, we listen, and we try to do it differently.鈥 Tikkun olam 鈥 a concept in Judaism referring to various forms of action intended to repair the world 鈥 she explained, 鈥渋s a constant journey of learning and humility.鈥


Illustration of sheriff with peeling name badge
Illustration: Matt Williams

The Sheriffs Working to Subvert Democracy

By Rachel Goldwasser

A smattering of county sheriffs across the U.S. tested the limits of democracy in 2022, with an assist from extremist law enforcement groups.

These constitutional sheriffs are devoted members of an antigovernment extremist movement that believes sheriffs are the highest authority in the country, above even the president. They usurp the duties of the Supreme Court by personally deciding which U.S. laws are legitimate and whether to enforce them.

These sheriffs are actively damaging the nation鈥檚 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.

In the U.S., where the justice system already perpetuates , these members of law enforcement further undermine equal justice under the law.

In 2022, constitutional sheriffs鈥 ideology intruded into another facet of democracy: elections. Members melded their extremist positions with their law enforcement authority to investigate rogue, conspiratorial allegations of fraud in the 2020 presidential election and brought doubt into the legitimacy of the 2022 midterm elections.

Two extremist law enforcement groups, Constitutional Sheriffs and Peace Officers Association (CSPOA) and Protect America Now (PAN), led these efforts.

CSPOA radicalizes sheriffs and the public through law enforcement training, presentations to lawmakers and civilians, online media and books written by the group鈥檚 founder Richard Mack. The organization is linked to extremists, including Oath Keepers, sovereign citizens, neo-confederates and white nationalists.

PAN was founded by political operatives and is less outspoken about their constitutional sheriff beliefs, but most of their advisory board and members are constitutional sheriffs whose ideology has shaped the organization at large. PAN has focused its attention on immigration issues, supporting the anti-immigrant hate group Federation for Immigration Reform (FAIR) in its efforts to demonize migrants and lobby for policies that reflect this.

Beginning in the summer of 2022, both organizations worked with election conspiracy group True the Vote, whose founders participated in the film , which promotes the 鈥淏ig Lie,鈥 the conspiracy theory parroted by former President Trump that the 2020 presidential election was rigged.

The Sheriffs Alliance Interfering with U.S. Elections

Graphic connecting individuals and groups with efforts to interfere in U.S. elections
Photos credits: Donald Trump: James Devaney/GC Images; Michael Flynn: Chris Kleponis/AFP via Getty Images; Sidney Powell: Drew Angerer/Getty Images; Catherine Engelbrecht: Samuel Corum/Anadolu Agency/Getty Images; Lin Wood, Mark Lamb, Richard Mack: Gage Skidmore; Gregg Phillips: CNN Screen Shot via Texas Tribune

CSPOA posted a press release to its website on , calling on local law enforcement agencies to . The organization鈥檚 leaders and member sheriffs repeated the claim on July 12 at a CSPOA press conference in Las Vegas, Nevada. Sheriffs that were investigating and those considering it spoke publicly about their efforts and repeated themselves a day later at the Libertarian Freedom Fest in Las Vegas.

True the Vote announced its partnership with PAN on June 22, calling it ProtectAmerica.Vote. The group advertised that the effort was intended to teach sheriffs about their state election laws and provide them with grants to investigate alleged voting violations. The partnership included a plan to build a 鈥淣ational Election Integrity Voter Hotline鈥 that would be linked to sheriffs鈥 offices and promote their cause in an informational campaign starting Aug. 1.

Multiple sheriffs affiliated with CSPOA and PAN spent the year attempting to investigate the 2020 election or interfering in the 2022 midterm elections. A group of devout constitutional sheriffs from Arizona, Michigan and Wisconsin were the most egregious.

Arizona鈥檚 Constitutional Sheriff Problem

Mark Lamb, sheriff of Pinal County, Arizona, and PAN leader acted as the face of the PAN True the Vote partnership. In an interview published in the right-wing media source American Greatness on July 20, Lamb claimed that he was 鈥渄isturbed鈥 by talk of a law enforcement focus on domestic violence threats, that the feds had no jurisdiction over his county and that if they tried to push what he called unconstitutional mandates, 鈥淲e would stop them,鈥 Lamb said.

David Rhodes, Sheriff of Yavapai County, Arizona, has been linked to CSPOA and the Oath Keepers, and most recently an Oath Keepers offshoot organization, the Yavapai County Preparedness Team (YCPT). YCPT and the group Lions of Liberty formulated a plan to stake out and film Arizona ballot drop boxes for cases of fraud. At a July 23 YCPT meeting, group leader Jim Arroyo told members, 鈥淲e have already coordinated with Sheriff Rhodes, and he told us if we see somebody stuffing a ballot box, and we get a license plate, they will make an arrest, and there will be a prosecution. Bottom line.鈥 YCPT and Lions of Liberty eventually after a lawsuit was filed against them by Protect Democracy on behalf of the League of Women Voters asserting the group was engaging in voter intimidation.

Militias, Elections and Plots in Midwest

Dar Leaf, Sheriff of Barry County, Michigan, is a lifetime member of CSPOA. He received the group鈥檚 in 2017. On May 18, 2020, Leaf alongside members of the Michigan Liberty Militia (MLM), whose members were found guilty in 2022 of a 2020 plot to kidnap Michigan Gov. Gretchen Whitmer.

Leaf was asked if he regretted having shared a stage with MLM members, and he , 鈥淚t鈥檚 just a charge, and they say a 鈥榩lot to kidnap,鈥 and you got to remember that. Are they trying to kidnap? Because a lot of people are angry with the governor, and they want her arrested. So, are they trying to arrest or was it a kidnap attempt? Because you can still in Michigan if it is a felony, make a felony arrest.鈥

In December 2020, Leaf began his investigation into the presidential election. Leaf鈥檚 attorney Carson Tucker reached out to Trump allies, including conspiracy theorist and former Trump administration national security adviser Michael Flynn, attorney Sidney Powell and Lin Wood鈥檚 Fight Back Foundation asking for information regarding "counties that have been potentially compromised.鈥 Leaf tried to from those counties to run his own investigation. In 2021 Leaf also worked with a private investigator who partnered with a sheriff鈥檚 deputy to question county clerks in six Michigan townships. After learning that the state was investigating his own investigation, on June 3, 2022, Leaf the Michigan attorney general, secretary of state and members of the state troopers for illegal interference. His claims in his lawsuit were by a Michigan judge on Aug. 29, 2022.

Leaf鈥檚 extremist election denial continued through 2022 as he made claims of voter fraud at the July CSPOA True the Vote press conference, FreedomFest in Las Vegas and to CSPOA members after the midterms. Leaf has gone so far as to call for sheriffs to host common law grand juries on the 2018 鈥渟tolen election鈥 conspiracy. This type of grand jury is promoted by the National Liberty Alliance, a sovereign citizen group Leaf has worked with.

Christopher Schmaling, Sheriff of Racine County, Wisconsin, has also closely affiliated with CSPOA. He has appeared on Sheriff Mack鈥檚 online show and presented with CSPOA at 2022 FreedomFest. Schmaling, who was once the keynote speaker at a Trump rally, launched his own investigation into alleged 2020 voter fraud.

In 2021, Sheriff Schmaling tried to have nursing home staff and the majority of the Wisconsin Election Commission (WEC) arrested. He claimed they committed voter fraud after the WEC changed a policy during the pandemic that allowed nursing home staff to assist residents with their ballots in 2020. The Racine County District Attorney鈥檚 office declined to prosecute.

Ironically, in 2022, Schmaling refused to charge Harry Wait, leader of the group H.O.T. Government, who requested multiple absentee ballots using false information. When asked about it, Wait said, 鈥淏asically, I committed a crime when I ordered them. I emailed Sheriff Schmaling, asked if he was going to arrest me, and he said, 鈥榟ell no.鈥櫶 The Wisconsin attorney general鈥檚 office began July 29, 2022.

Schmaling also presented at 2022 FreedomFest, alongside other election denying sheriffs.

Unfortunately, these men have made a significant impact, using their power as law enforcement officials to make and investigate spurious allegations and gotten their ideas in front of a wide audience. Fortunately, these men represent a fringe movement, one many law enforcement officers still refuse to participate in.

While multiple Arizona sheriffs including Sheriffs Lamb and Rhodes joined the constitutional sheriff鈥檚 movement and meddled in U.S. elections, making the process more fraught for voters, another Arizona sheriff, Paul Penzone of Maricopa County, Arizona, exemplified the legitimate role of sheriffs: He chose to denounce the same extremist ideology and support democracy rather than participate in actions or groups working to damage it.

In in the run-up to the 2020 election, Penzone said in a press release, 鈥淲ith the same conviction we display when taking the oath of office, we must commit to practice impartial and nonpolitical actions during the course of our duties.鈥 He continued, 鈥淒enying, ignoring or refusing to recognize and apply the laws as they are written is not within the authority of law enforcement professionals. Terms such as 鈥楽anctuary鈥 county become an excuse to circumvent the law and defy due process and democracy.鈥

Then again on Nov 12, 2022, when speaking to the groups and politicians targeting elections and voting facilities, Penzone told the press he would not stand for any threat to voting, voting facilities or election workers.

鈥淲e are seeing a radical movement, including some local law enforcement, of people who are committed to destroying trust in our system for their own selfish gain,鈥 Penzone told the press in August as the 2022 heated up. 鈥淲e must fight against it, or our nation will no longer be the democratic standard.鈥

Rejecting constitutional sheriffs in policy

All law enforcement can play a role in minimizing the harm from the constitutional sheriff movement. They can resist disinformation and conspiracy theories. They can resist recruitment into extremist groups like CSPOA, PAN and the Oath Keepers that actively prey on them. County sheriffs and police chiefs can push back on the notion that their function is to interpret the law rather than enforce it. The National Sheriffs Association can finally decide that there is no place for extremism among their ranks and refuse membership to sheriffs who actively promote antigovernment ideologies, including constitutional sheriffs.

State leaders can ensure that board members of their state police officer trainings and certification programs (POST) are not constitutional sheriffs or affiliated with extremists. These same boards can also create rules that prevent extremists from conducting official law enforcement training in their state.

States should limit the role of sheriffs鈥 posse members or deputized private citizens to core law enforcement functions 鈥 not election administration. And federal and state authorities should ensure that constitutional sheriffs do not engage in voter intimidation or intervene or interfere in election administration in any way.

Congress can ensure no federal funds are used for training that promotes CSPOA propaganda. Congress should investigate all law enforcement departments鈥 links to extremism. Law enforcement officials who self-identify as constitutional sheriffs, engage in election interference or otherwise violate the Department of Justice鈥檚 new Title VI protocols prohibiting discriminatory conduct, should be ineligible to receive federal funds.

Every level of government from national, state, and local law enforcement organizations should publicly reject the views and practices of constitutional sheriffs 鈥 and should not permit these individuals to serve in leadership positions.

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