Posse Comitatus (organization)

The Posse Comitatus (Latin, "force of the county")[1] is a loosely organized, far-right social movement in the United States starting in the late 1960s, whose members spread a conspiracy-minded, anti-government and anti-Semitic message in the name of white Christians to counter what they believe is an attack on their social and political rights.[2]

Many Posse members practice survivalism and played a role in the formation of the armed citizens' militias in the 1990s. The Posse Comitatus pioneered the use of false liens and other types of "paper terrorism" to harass opponents with frivolous legal actions.[3]

Historical background

Developing strong ties to the white supremacist Christian identity movement, they believe themselves to be the true Israelites, chosen by God, and they state that the Jews seek to help Satan destroy civilization, and undermine white citizens' rights by means of the Federal Reserve and the Internal Revenue Service.[2]

Posse charters were issued in 1969 in Portland, Oregon, by Henry Lamont Beach, "a retired dry cleaner and a one-time member of the Silver Shirts, a Nazi-inspired organization that was established in America after Hitler took power in Germany."[4] William Potter Gale has been described by one expert as the founder of the movement.[5]

Posse members believe that there is no legitimate form of government above that of the county level and no higher law authority than the county sheriff.[6] If the sheriff refuses to carry out the will of the county's citizens:

...he shall be removed by the Posse to the most populated intersection of streets in the township and at high noon be hung by the neck, the body remaining until sundown as an example to those who would subvert the law.[7][8]

Christian identity

Some Posse members embraced the anti-Semitic and white supremacist beliefs of Christian Identity.[9] Some believe that the U.S. federal government is illegitimate and in the hands of a Zionist Occupation Government (ZOG), an alleged Jewish conspiracy.[10] In 1985, a member of the Posse Comitatus announced: "Our nation is now completely under the control of the International Invisible government of the World Jewry."[11]

Federal taxes

Members of the Posse Comitatus frequently refuse to pay taxes, to obtain driver's licenses, or otherwise to comply with regulatory authorities. They deny the validity of United States fiat money as not backed by gold, which they claim the Constitution requires.[2]

They have unusual legal documents drawn up and attempt to record them, declaring independence from the United States, or claiming to file "common law" liens against perceived enemies like Internal Revenue Service employees or judges. They are often involved in various tax protests, and have invoked arguments popularized by tax protesters.[2]

Criminal activities

On February 13, 1983, former Posse member (and accused parole violator) Gordon Kahl killed two federal marshals (who had come to arrest him) in North Dakota and became a fugitive. Another shootout ensued on June 3, 1983, in which Kahl and Lawrence County, Arkansas, Sheriff Gene Matthews were killed. Other members of the group have also been convicted of crimes ranging from tax evasion and counterfeiting to threatening the lives of IRS agents and judges.

The organization also demonstrated to support its members over other issues. On September 2, 1975, Francis Earl Gillings, the founder of a San Joaquin County Posse group, led a group of armed Posse members to prevent United Farm Workers union organizers from attempting to organize non-union tomato pickers. As sheriff's deputies attempted to arrest Gillings on a traffic warrant, one got into a scuffle with Gillings and a shot was fired, injuring a deputy's ear.[12]

On August 15, 2012, five suspects were arrested in connection with the fatal shooting of two sheriff's deputies and wounding two others in St. John the Baptist Parish, Louisiana. Terry Smith, 44; Brian Smith, 24; Derrick Smith, 22; Teniecha Bright, 21; and Kyle David Joekel, 28, were identified, with Brian Smith and Joekel identified as the shooters in the incident. The men are rumored to be affiliated with a Posse Comitatus group.[13] On August 17, 2012, two more suspects—Chanel Skains, 37, and Britney Keith, 23—were charged with accessory after the fact.[14]

Sovereign citizens

The legal theories of Posse Comitatus have been further developed by the sovereign citizen movement, which claims that a U.S. citizen can become a "sovereign citizen" and thereby be subject only to common law or "constitutional law," not to statutory law (including most taxes).[15] The Uniform Commercial Code plays a part in these legal theories, for example see the 1991 case United States v. Saunders, 951 F.2d 1065 (9th Cir. 1991). in the 9th Circuit United States Court of Appeals.[16]

Some African-American groups have adopted sovereign citizen beliefs,[17] and the movement is dominated by adherents of the Christian Identity religion. Some within the movement see African Americans, who only gained legal citizenship after the Civil War and passage of the 14th Amendment, as "14th Amendment citizens" with fewer rights than whites.[18]

The sovereign citizen movement gave rise to the "redemption movement," which claims that the U.S. government has enslaved its citizens by using them as collateral against foreign debt. Redemption scheme promoters sell instructions explaining how citizens can "free" themselves by filing particular government forms in a particular order using particular wording. The movement "has earned its promoters untold profits, buried courts and other agencies under tons of worthless paper, and led to scores of arrests and convictions."[19]

The United States Federal Bureau of Investigation (FBI) classifies some sovereign citizens ("sovereign citizen extremists") as a domestic terrorist movement.[20] In 2010 the Southern Poverty Law Center (SPLC) estimated that approximately 100,000 Americans were "hard-core sovereign believers" with another 200,000 "just starting out by testing sovereign techniques for resisting everything from speeding tickets to drug charges."[21]

Alpine County, California

In the late 1970s, the Posse Comitatus attempted to take over Alpine County, California, by settling there and fielding candidates in local elections.[22]

Alpine County is in the Sierra Nevada Mountains east of Stockton on the west and east slope of Ebbetts Pass on State Highway 4. The 2010 population is 1,175 people. The Posse thought winning local elections in Alpine County was their best opportunity to take control of a single county. The group fielded a candidate for sheriff and registered fictitious voters using post office boxes and vacant lots as their addresses. Six people were prosecuted for voter fraud, the false registration thrown out, and the incumbent sheriff was re-elected.[23]

Tigerton, Wisconsin

The posse had an active presence in Tigerton, Wisconsin until a crackdown by government prosecutors in the early 1980s left many of the groups' leaders imprisoned.[24][25]

See also

References

  1. ↑ Solodow, Joseph (2010). Latin Alive: The Survival of Latin in English and the Romance Languages. Cambridge University Press. p. 160. Out of the phrase posse comitatus "the force of the county" arose our present use of posse for a group of men whom the sheriff calls upon in a crisis.
  2. 1 2 3 4 Knight, Peter, ed. (2003). Conspiracy Theories in American History: An Encyclopedia. p. 591. ISBN 978-1-57607-812-9.
  3. ↑ Pitcavage, Mark (June 29, 1998). "Paper Terrorism's Forgotten Victims: The Use of Bogus Liens against Private Individuals and Businesses". Anti-Defamation League.
  4. ↑ Corcoran, James (1990). Bitter Harvest: Gordon Kahl and the Posse Comitatus: Murder in the Heartland. p. 29. ISBN 0-670-81561-6 – via Google Books.
  5. ↑ Levitas, Daniel (2002). The Terrorist Next Door: The Militia Movement and the Radical Right. Thomas Dunn Books. ISBN 0-312-29105-1.
  6. ↑ Atkins, Stephen (September 13, 2011). Encyclopedia of Right-Wing Extremism In Modern American History. ABC-CLIO. p. 197 – via Google Books.
  7. ↑ Smith, Brent L. (1995). Terrorism in America: Pipe Bombs and Pipe Dreams. SUNY Press. pp. 57–58. ISBN 0-7914-1759-X – via Google Books.
  8. ↑ Pitcavage, Mark (July 25, 1997). "Common Law and Uncommon Courts: An Overview of the Common Law Court Movement". Anti-Defamation League: Militia Watchdog archives.
  9. ↑ Marks, Kathy (1996). Faces of right wing extremism. Branden Publishing Company. p. 146. ISBN 978-0-8283-2016-0 – via Google Books.
  10. ↑ Knight, Peter (2003). Conspiracy theories in American history: an encyclopedia, Volume 1. ABL-CIO. p. 758. ISBN 978-1-57607-812-9 – via Google Books.
  11. ↑ Christian Posse Comitatus Newsletter, n.d. quoted in Stern, Kenneth S. (1996). A Force upon the Plain: The American Militia Movement and the Politics of Hate. New York: Simon & Schuster. p. 50.
  12. ↑ "Jail Term for Posse Founder". Merced Sun-Star. August 9, 1976. p. 1.
  13. ↑ Russell, Gordon (August 17, 2012). "Picture of suspects in St. John Parish shootings starting to emerge". The Times-Picayune.
  14. ↑ Finn, Kathy (August 17, 2012). "Seven charged in shootings that killed Louisiana police officers". Reuters.
  15. ↑ "What is a Sovereign Citizen?". Anti-Defamation League, Message to Students, Militia Watchdog archives.
  16. ↑ Tang, O'Scannlain & Rymer (1991). "United States v. Saunders". US Court of Appeals, Ninth Circuit Court.
  17. ↑ "Are sovereign citizens racist?". Anti-Defamation League, Message to Students, Militia Watchdog archives.
  18. ↑ "What is a 'Sovereign Citizen'?". Intelligence Report. Southern Poverty Law Center. Winter 2008.
  19. ↑ "Beyond Redemption". Intelligence Report. Southern Poverty Law Center. Winter 2002.
  20. ↑ "Sovereign Citizens A Growing Domestic Threat to Law Enforcement". Federal Bureau of Investigation. September 11, 2011. Retrieved July 19, 2012.
  21. ↑ MacNab, J. J. (Fall 2010). "'Sovereign' Citizen Kane". Intelligence Report. Southern Poverty Law Center (139).
  22. ↑ Levitas, Daniel. The Terrorist Next Door: The Militia Movement and the Radical Right. Macmillan. p. 164. ISBN 978-1-42994-180-8. Retrieved June 29, 2014 – via Google Books.
  23. ↑ Duncan, Dayton. Miles from Nowhere: Tales from America's Contemporary Frontier. University of Nebraska Press. p. 259. ISBN 0803266278. Retrieved June 29, 2014 – via Google Books.
  24. ↑ "With Leaders in Jail, Posse Comitatus' Fate Is Uncertain". Associated Press. September 23, 1990.
  25. ↑ "Posse Comitatus Manual Urged Terrorism, Sheriff Says". Associated Press. September 12, 1985.
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