Detecting A Pulse

I have written about and interviewed extensively about what is a failure of leadership among law enforcement executives ever since the incident in Minneapolis where George Floyd a career criminal who was high on fatal levels of fentanyl resisted police officers trying to take him into custody. I watched people in positions of law enforcement leadership, who in my view are unfit to lead the men and women on the front lines cave to the demands of groups who make it clear that they hate cops.

Black Lives Matter and Antifa are among the more prominent groups. These law enforcement executives went along with police reform efforts that made it tougher for officers to do their jobs. They silently stood by during calls to defund the police. They ordered their forces to stand down as criminals rioted, looted businesses, set fires. Rioters destroyed police cars, threw rocks and bottles at officers some of whom were not allowed to dress in riot gear after being told that it might inflame the agitators. And these law enforcement executives said nothing when officers were charged with serious crimes by overzealous prosecutors. In Wisconsin recently, the Milwaukee chief of police and Milwaukee County sheriff attended and spoke at a community meeting organized by a rabid pro illegal immigration group Voces de la Frontera to advise on ways for illegal aliens to avoid detection.

It is important for me to remind you of all these things because many of them fade into our subconscious as time goes by. Law enforcement agencies are still reeling from the effects of this onslaught. Mass resignations and retirements have left agencies short handed in personnel. Cops are fatigued working long hours with some not getting adequate days off. Although this theory has not been tested, these attacks on this profession are related to the extremely high incidents of cop suicides. No other profession is experiencing these rates of suicide.

The police find themselves once again being used as pawns but this time the culprit is the political class that I detailed this in a previous column. I pointed out that politicians are driving a wedge between local and state police and their federal counterparts in the Department of Homeland Security namely Immigration and Customs Enforcement agents. The Governor of Maryland for example has ordered that all local or state agencies dissolve any agreement they have to assist ICE in illegal immigration enforcement. This includes existing agreements under the 287g program that deputize local law enforcement officers to enforce immigration laws. The Maryland House of delegates recently passed a measure that if passed by the state Senate and signed by the Maryland governor, which surely will happen, would allow Maryland residents to sue ICE agents in state courts for violations of the U.S. Constitution. The Founding Fathers referred to that as pretended legislation. But there is finally some pushback on these state laws and against state and local leaders.

A group of nine sheriffs in Maryland held a news conference denouncing state and local officials who put politics over public safety. They said they will ignore the Governor’s ban on existing agreements to work with ICE officials on immigration screenings. This is a bold step. It creates a needed confrontation about keeping politics out of the mission of sheriffs to serve and protect.

In a man bites dog story, there is one state elected official who seems to understand the value of having local law enforcement officials cooperate with ICE in keeping residents safe from the ravages of criminal illegal aliens. Maine Governor Paul LePage sent out a letter to all county sheriffs threatening to remove them from office for not cooperation with federal immigration officials. He ordered that, “I am directing you to cooperate with immigration officials and follow the provisions of Executive Order 001-2011 that I signed on January of 2011.” Several sheriffs have already said that they would not work with ICE officials to which the Governor announced the consequences for ignoring his order. He said that should any citizen of Maine notify him of any undocumented, illegal alien who was released by a Maine sheriff following a written United States ICE request that the alien be detained pending federal enforcement action, he will commence the specific process afforded him under the Maine State Constitution Article IX Section 10 to remove that sheriff.

Sheriffs are constitutional officers meaning that their authority, responsibility and duties are described in the state constitution. They report directly to the voters of the county, not a county official. Governors are constitutional officers as well and are elected statewide. In Maine as in most other states, a governor can remove a sheriff or other constitutional officer for cause. Defining cause can be nebulous except for instance when a sheriff is accused in the commission of a crime. Removing an independently elected official can be messy politically. Maine may be headed for an intrastate showdown over illegal immigration.

In Virginia, the newly elected governor is refusing to turn over to ICE an illegal alien charged with murder. She is demanding a judicial warrant signed by a judge. She obviously does not understand administrative law. Administrative law was set up for civil process. It gives officials specific authority such as issuing an administrative detainer. In my view the governor is obstructing ICE from carrying out their immigration function and authority. This reminds me of a case in Wisconsin where a state circuit court judge interfered with ICE agents who tried to take an illegal alien into custody. He was able to escape. State Judge Hannah Dugan was charged in federal court with felony obstruction and convicted by a jury. She now faces sentencing that includes prison time and a fine. The Virginia Governor should be indicted federally just as Dugan has. The United States Department of Justice can change the direction of the resistance if they have the heart and the will.

Sheriff David Clarke Jr. is former Sheriff of Milwaukee Co, Wisconsin, President of AmericasSheriff LLC, Board member of the Crime Research Center, author of the book Cop Under Fire: Beyond Hashtags of Race Crime and Politics for a Better America. To learn more visit www.americassheriff.com