County Tells Feds to Stay Tri-City Herald, Kennewick, Washington Saturday, August 26, 1995 OKANOGAN COUNTY TELLS FEDS TO STAY OUT By The Associated Press SPOKANE - If the FBI and other federal agents want to follow a case into Okanogan County, they'll have to get the sheriff's written permission first, according to a new county resolution. However, the head of the FBI's Eastern Washington region said his agents will ignore the order and continue business as usual. "What they're asking is unconstitutional. How would we ever investigate public corruption?" Jeff John, FBI supervisory special agent for Eastern Washington said Friday. The resolution, passed unanimously Aug. 14 by Okanogan County's three commissioners, also grants the sheriff final jurisdiction over any federal police activity. "We don't want another northern Idaho or Waco or even another smaller scale thing going on here," Commissioner Ed Thiele said Friday in a phone interview from Okanogan. Thiele was referring to the FBI's siege of the Branch Davidian complex at Waco, Texas, and the agency's 1992 siege at the home of white separatist Randy Weaver on Ruby Ridge in Idaho. The agency came under fire for its handling of the siege at the Branch Davidian compound. A fire broke out as tanks were firing tear gas into the compound, and 81 bodies were found in the ashes. In addition, several top FBI officials have been censured or demoted over the handling of the Ruby Ridge case. Thiele said Okanogan County wouldn't condone a siege similar to Ruby Ridge, in which an FBI sniper killed Randy Weaver's wife, Vicky. The shooting occurred the day after Samuel Weaver, 14, and deputy U.S. Marshal William Degan were killed in a gunfight during a marshalls' reconnaissance mission. Agents had been conducting surveillance of Weaver's cabin because he failed to appear for a February 1991 trial on an indictment for selling sawed-off shotguns to a federal informant. "If it's a minor violation like Randy's was, I personally - if the sheriff wouldn't do it - I'd got out and stop it," Thiele said. The resolution cites the 5th Amendment's "right of the people to be free from deprivations of life, liberty or property without due process of law." County Sheriff Jim Weed laughed when told about the resolution, reported the Omak-Okanogan County Chronicle. "The reality is, very little federal law enforcement ever comes to the county," Weed said. Weed was not in his office Friday, and no one else there was authorized to speak about the resolution, the sheriff's office said. The FBI's John said he turned the resolution over to the U.S. Attorney's office in Spokane for legal action. John said his agents will continue to coordinate with the sheriff's office, but will not give away any jurisdiction or share any more information with the sheriff than is necessary for specific cases. Thomas O'Brien, spokesman for the federal Drug Enforcement Administration in Seattle, said the resolution would make little difference to his agency. "We're always working cooperatively with our state and local counterparts," he said. Agents often serve alongside local officers on special drug task forces, O'Brien said, The resolution does not apply to U.S. Customs Service or U.S. Immigration and Naturalization Service performing routine duties. "We work with them day in and day out." Thiele said. "We know what's going on there." - [end] - -------------------------------------------------------------- Know any county officials standing up for the Constitution? Help spread the good news! Send your resolutions, news clippings and other documentation to: Steve Washam, c/o P.O. Box 605, College Place, Washington 99324 Steve.Washam@wwwhbbs.com -------------------------------------------------------------- "I could have complained, but nobody would have listened." - Dick Carver --- GOMail v1.1 [92-0793] * Origin: Texas Patriot BBS - Dallas TX (214)495-6699 (1:124/4023) (1:124/4023) 0SEEN-BY: 102/975 106/49 64 3198 6003 108/155 124/3208 4023 132/209 133/1007 0SEEN-BY: 138/179 147/113 203/8888 231/110 511 955 236/48 260/104 272/115 0SEEN-BY: 300/507 326/203 356/3 369/85 372/5 375/41 1611 376/206 381/136 0SEEN-BY: 382/90 91 502 802 804 1777/12 2255/10 2470/17 3550/551 3624/7 0SEEN-BY: 3632/66 3634/37 38 300 3640/101 3644/8 17 3649/15 3654/8 3662/52 0SEEN-BY: 3816/138 7000/0 1 0PATH: 124/4023 106/49 64 231/110 382/91 3634/38 From: STEVE WASHAM #0 @1:124/4023 via 1:3634/38 FIDOnet Re: Okanogan County Resol 1/2 0AREA:AEN_NEWS 0EID:6438 F73CB540 OKANOGAN COUNTY COMMISSIONER'S RESOLUTION 72-95 WHEREAS, the Fifth Amendment to the Constitution of the United States protects the right of the people to be free from deprivations of life, liberty, or property without due process of law; and, WHEREAS, the Sheriff is the chief executive officer, conservator of the peace, and defender of the county against those who endanger the public peace and safety (RCW 36.28.010); and, WHEREAS, we believe that maximum cooperation between local and federal agencies is needed and that local law enforcement brings specific knowledge and expertise to any situation; and, NOW, THEREFORE, BE IT RESOLVED that the elected County Sheriff shall have knowledge of and give prior written approval to any Federal law enforcement activity and have final jurisdiction over location, date, and time of said activity, and ultimate authority over the enactment of said law enforcement activity; and, BE IT FURTHER RESOLVED; that this resolution shall not apply to the United States Customs Service or the United States Immigration and Naturalization Service when said action shall originate, in the normal course of official duty, at their duty stations adjacent to international border stations. Nor apply to United States Border Patrol, in the normal course of official duty, when applied to individuals whom are suspected to be unlawfully in the United States. DATED at Okanogan, Washington this 14th day of August 1995. BOARD OF COUNTY COMMISSIONERS OKANOGAN, WASHINGTON /s/ Dave Schulz, Chairman /s/ Spencer W. Higby, Member /s/ Edwin E. Thiele, Member ATTEST: /s/ Brenda J. White, Clerk of the Board [end document] ---------------------------------------------------------- The following story appeared in the August 30, 1995 Okanogan edition of "The Wenatchee World", Wenatchee, Washington. ---------------------------------------------------------- SHERIFF WON'T BACK UP RESOLUTION ON FBI - Okanogan County move called unconstitutional By Marla J. Pugh, World staff writer OKANOGAN - Okanogan County Sheriff Jim Weed said he will not enforce a recent county resolution demanding that federal agents get written permission before conducting investigations in the county. The Sheriff called the resolution unconstitutional and irresponsible. "If (county commissioners) want to make a political statement, which I think this is, that's fine," Weed said. "But the concern is that, if they really want this to be the case, they need to work through the appropriate arenas and change federal law by lobbying Congress. But the ... commissioners cannot change federal law through a stroke of the pen." The resolution was passed unanimously earlier this month. It states that the sheriff will have final jurisdiction over any federal law enforcement activity in the county. "We are sending a message," said Commissioner Spence Higby. "We are sending a message that we aren't going to sit idly by anymore, but we are going to take control back. Some may call that radical, but I call it responsible." While meant to be a political statement, commissioners hope their resolution will give them a legal basis to prevent an incident from happening in Okanogan County such as the FBI's siege of the Branch Davidian compound in Waco, Texas, or the siege at the home of white separatist Randy Weaver on Ruby Ridge in Idaho. Commissioners said their resolution is based on a new bill being proposed in Congress called "The Civil Rights Act of 1995." It states that no federal official can engage in designated law enforcement action in a state without first getting written permission to do so from appropriate state or local officials. Commissioners said the proposed act is meant to promote maximum cooperation among federal, state and local law enforcement agencies and to ensure that federal arrests, searches and seizures are made with the benefit of local law enforcement knowledge and expertise. It also is meant to prevent what it terms as "misadventure" resulting from a lack of cooperation among agencies. But before such a proposal becomes law, Weed said, he is concerned about what could happen if he does enforce the new county ordinance. "I don't intend to get Okanogan County embroiled in a multimillion dollar lawsuit that would bankrupt the county, nor do I intend to get into combat with federal agents," he said. Weed said that many federal agents have called his office to find out if the ordinance will be enforced. He has told them to just keep doing their job. He said he has never heard of any federal agent in the county using excessive force or jeopardizing the safety of residents, But commissioners said they do know of incidents where federal agents have overstepped their authority. They said federal agents have also come into the county unannounced and caused citizens to panic. They cited an incident last September when U.S. Border Patrol agents were doing surveillance of the border. Local citizens, believing they were agents of the United Nations, called the Sheriff's Office in a panic and said they were ready to take up arms against the agents, and the Sheriff's Office had to intervene. "That problem could have been avoided if we would have simply known they were there and what they were doing," said Commissioner Ed Thiele. County Chief Civil Deputy Prosecutor Martin Muench has advised commissioners that the resolution is probably unconstitutional and cannot be enforced. Federal agents have told the Associated Press that they will ignore the order and continue doing their job as usual. Weed said he is also concerned about the message the new ordinance is sending about the county. (Continued to next message) --- GOMail v1.1 [92-0793] * Origin: Texas Patriot BBS - Dallas TX (214)495-6699 (1:124/4023) (1:124/4023) 0SEEN-BY: 102/975 106/49 64 3198 6003 108/155 124/3208 4023 132/209 133/1007 0SEEN-BY: 138/179 147/113 203/8888 231/110 511 955 236/48 260/104 272/115 0SEEN-BY: 300/507 326/203 356/3 369/85 372/5 375/41 1611 376/206 381/136 0SEEN-BY: 382/90 91 502 802 804 1777/12 2255/10 2470/17 3550/551 3624/7 0SEEN-BY: 3632/66 3634/37 38 300 3640/101 3644/8 17 3649/15 3654/8 3662/52 0SEEN-BY: 3816/138 7000/0 1 0PATH: 124/4023 106/49 64 231/110 382/91 3634/38 From: STEVE WASHAM #0 @1:124/4023 via 1:3634/38 FIDOnet Re: Okanogan County Resol 2/2 0AREA:AEN_NEWS 0EID:545B F73CB540 (Continued from previous message) "Looking at the impression that this gives a business wanting to come here -- it seems to say we have radical political unrest here," Weed said. "Do (they) want to invest money and time here, or do (they) want to go someplace with politically responsible government? Is this going to improve tourism?" Weed said he is also concerned about how the new resolution could feed radical paranoia and mistrust about the federal government and give ammunition to sympathizers of the militia movement in the county. "I think it's irresponsible of government to instill unnecessary fear in the population," he said. "I'm afraid of the message this sends -- that our own county government is this volatile. With this kind of (resolution), you can promote the kind of behavior that happened at Ruby Ridge." Commissioners said they don't believe the resolution will promote unnecessary fear, but rather send a message that Okanogan County is taking responsibility and protecting itself. Commissioners said they don't care if people outside the county view them as radical. Commissioner Dave Schulz said each of the commissioners is very active on state and federal boards and is well respected in political circles. "When a representative from Okanogan speaks, people listen and take us seriously," he said. "The government needs to be held accountable," Schulz said. "We are elected officials and we are accountable for what happens here. When we get calls asking why there are black helicopters with machine guns flying around our houses, we as commissioners should know what's going on." "If this isn't taken seriously, and if an agent pulls something like what happened in Texas or Idaho here, we'll have more grounds and credence to fight back," Thiele added. [end of article] -------------------------------------------------------------- Know any county officials standing up for the Constitution? Help spread the good news! Send your resolutions, news clippings and other documentation to: Steve Washam, c/o P.O. Box 605, College Place, Washington 99324 Steve.Washam@wwwhbbs.com -------------------------------------------------------------- "I could have complained, but nobody would have listened." - Dick Carver --- GOMail v1.1 [92-0793] * Origin: Texas Patriot BBS - Dallas TX (214)495-6699 (1:124/4023) (1:124/4023) 0SEEN-BY: 102/975 106/49 64 3198 6003 108/155 124/3208 4023 132/209 133/1007 0SEEN-BY: 138/179 147/113 203/8888 231/110 511 955 236/48 260/104 272/115 0SEEN-BY: 300/507 326/203 356/3 369/85 372/5 375/41 1611 376/206 381/136 0SEEN-BY: 382/90 91 502 802 804 1777/12 2255/10 2470/17 3550/551 3624/7 0SEEN-BY: 3632/66 3634/37 38 300 3640/101 3644/8 17 3649/15 3654/8 3662/52 0SEEN-BY: 3816/138 7000/0 1 0PATH: 124/4023 106/49 64 231/110 382/91 3634/38 From: STEVE WASHAM #0 @1:124/4023 via 1:3634/38 FIDOnet Re: A Tale of Two Counties 0AREA:AEN_NEWS 0EID:4F3B F73CB580 BATTLE LINES CONTINUE OVER FEDERAL JURISDICTION The Citizen's News, Sequim, Washington September 9, 1995 OKANOGAN COUNTY, WASHINGTON and OWYHEE COUNTY, IDAHO - Two unrelated incidents reflect the growing dissatisfaction with federal government involvement in local affairs. In Okanogan County, Washington, county commissioners issued a resolution citing the 5th Amendment of the U.S. Constitution, invoking "the right of the people to be free from deprivations of life, liberty or property without due process of law." The resolution requires that if the FBI and other federal agents want to follow a case into that county, they'll have to get the sheriff's permission first. The resolution, passed unanimously on August 14 by Okanogan County's three commissioners, also grants the sheriff final jurisdiction over any federal police activity. According to a local paper, Commissioner Ed Thiele said in an interview that "We don't want another northern Idaho or Waco or even another smaller thing going on here." He was referring to the FBI's siege of the Branch Davidian complex at Waco, Texas, where 81 people died, and the agency's 1992 siege at the home of Randy Weaver on Ruby Ridge in Idaho, which cost the lives of Weaver's wife and 14-year-old son. County Sheriff Jim Weed laughed when told about the resolution, according to the Omak-Okanogan County Chronicle. He said the resolution is unconstitutional, so he won't enforce it. In Owyhee County, Idaho, however, the sheriff is taking an opposite stance. Tim Nettleton, with a reputation as "the dean of Idaho Sheriffs," a by-the-book lawman with little sympathy for the anti-government sentiment taking root in his rural community, has declared his county off-limits to federal law enforcement officers, serving notice to the Bureau of Land Management in Boise that he was no longer willing to extend them permission to act as armed peace officers. Nettleton's declaration on May 18 followed months of studying the question of federal jurisdiction, coupled with years of small but aggravating incidents involving a BLM agent. "I'm not a constitutionalist or anything," Nettleton said in a telephone interview with the Washington Times. "For 20 years, I cooperated with them. I deputized them. Then I looked them in the eye and said, "`What authority do you have to act as peace officers in the state of Idaho?'" He argues that both the U.S. Constitution and the Idaho Constitution reserve police power to the states. By toting guns and enforcing state and federal statutes federal rangers are violating the law, according to the sheriff and his supporters, who include a majority of the Owyhee County commissioners. Like other advocates of local control, the sheriff also objects to what he calls the BLM's "SWAT-team mentality," saying the agency's hard-core tactics have stirred resentment among his county's 3,000 residents, many of whom work in the ranching and mining industries. His position, according to the Times, has placed him at the forefront of the so-called "county movement," a cousin of the second Sagebrush Rebellion now sweeping the West. There is currently a congressional proposal, introduced by Rep. Helen Chenowith (R-Idaho), to forbid armed federal agents from entering a county without the sheriff's permission. "This [issue] belongs in court,' Nettleton said. "We've just got to find a vehicle." [end of Citizen's News article] -------------------------------------------------------------- ABOUT THE CITIZEN'S NEWS - The Citizen's News is a bi-weekly (every other Friday) newspaper reflecting traditional American values published at Sequim, Washington. Mail: P.O. Box 3157, Sequim, WA 98382. Phone: (206) 681-4981. Fax: (206) 681-7051. Managing Editor: Sue Forde. Distributed in various counties across Washington state. As of September 9, 1995 mail subscriptions outside Clallam County are: $10.50/3 months, $14.50/6 months, $26.50/1 year. E-mail news items, letters and commentary to Sue Forde at SueF681688@aol.com. -------------------------------------------------------------- Know any county officials standing up for the Constitution? Help spread the good news! Send your resolutions, news clippings and other documentation to: Steve Washam, c/o P.O. Box 605, College Place, Washington 99324 Steve.Washam@wwwhbbs.com -------------------------------------------------------------- "I could have complained, but nobody would have listened." - Dick Carver --- GOMail v1.1 [92-0793] * Origin: Texas Patriot BBS - Dallas TX (214)495-6699 (1:124/4023) (1:124/4023) 0SEEN-BY: 102/975 106/49 64 3198 6003 108/155 124/3208 4023 132/209 133/1007 0SEEN-BY: 138/179 147/113 203/8888 231/110 511 955 236/48 260/104 272/115 0SEEN-BY: 300/507 326/203 356/3 369/85 372/5 375/41 1611 376/206 381/136 0SEEN-BY: 382/90 91 502 802 804 1777/12 2255/10 2470/17 3550/551 3624/7 0SEEN-BY: 3632/66 3634/37 38 300 3640/101 3644/8 17 3649/15 3654/8 3662/52 0SEEN-BY: 3816/138 7000/0 1 0PATH: 124/4023 106/49 64 231/110 382/91 3634/38