The effort to overthrow democracy in 2020-2021 didn't fail - when the movers and shakers go unpunished, it wasn't a failure - it was a rehearsal.
This piece in Wired is a long one. But it's important to remember that the Trump problem is complex and gnarly.
Synopsis:
- Constitutional Sheriffs believe they're the ultimate and absolute authority
- They get to choose which laws they enforce and which ones they can ignore
- They've been testing their theories by seizing voting gear and harassing election officials
- Some have been organizing private militias, and posses (ie: vigilantes) to patrol voting stations
- Under the guise of "election security" they're being organized to ensure Republican wins at any cost
- Their claims to power are not legit - "Sheriff" is not in the US Constitution
'Take Back the States': The Far-Right Sheriffs Ready to Disrupt the Election
Constitutional Sheriffs are duly elected lawmen who believe they answer only to god. They've spent the last six months preparing to stop a "stolen" election—by any means necessary.
Dar Leaf and Richard Mack don’t seem like they would pose a threat to US democracy.
Leaf, a sheriff from Barry County, Michigan, always has at least two pens clipped neatly to his shirt pocket and speaks softly with a Midwestern accent. When we meet at an April event in Las Vegas, Nevada, Leaf is immaculately dressed in a sheriff’s uniform, replete with the polished gold star.
Mack also wears a gold star—even though he’s no longer a sheriff. But in the Ahern Hotel ballroom in Vegas, Mack played the part. In a ten-gallon hat, Mack was genial; shaking hands with guests, joking with vendors, and taking selfies with supporters.
This wasn’t an average get-together. Leaf and Mack were at a conference for the far-right Constitutional Sheriffs and Peace Officers Association, or CSPOA, a group described by the Southern Poverty Law Center as an anti-government organization with links to many other extremist groups. Constitutional sheriffs are actual elected sheriffs who also believe they are the ultimate legal power in their county, and that no federal or state authority can usurp their authority. They also believe that a sheriff’s power stems directly from the constitution, and that they can disregard any laws they deem unconstitutional—a belief that is not grounded in reality.
Leaf is on the board of the group; Mack is the founder. And there are hundreds of members around the country.
In Las Vegas, Mack referred supporters and journalists to Leaf, who was, he said, “doing more than anyone to uncover election interference” in his role as sheriff.
A staunch Trump supporter, Leaf has spent the last four years investigating voter fraud in the 2020 federal election in Barry County—even though Donald Trump won decisively there. He has attempted to seize voting machines, pushed wild conspiracies, and ultimately became the focus of state investigations himself. In at least one case, Leaf appears to have inspired an election official to refuse to verify a vote—an ominous warning ahead of the 2024 US election.
The conspiracies have also taken a physical turn: According to emails shared exclusively with WIRED by the nonprofit group American Oversight, Leaf has run a militia training course advising “potential jurors, homeschoolers, ladies and gentlemen” to “get a standard AR-15 type military grade weapon” and “500 rounds of ammo.” The emails also show that, ahead of the most consequential election in a generation, Leaf is in regular contact with a wide variety of election conspiracists.
Leaf and a number of his colleagues in the Constitutional Sheriff movement say that they have “posses” to patrol polling stations, monitor for “illegal” immigrant voters, and help sheriffs respond to reports of fraud—or anything else—on election day.
Mack, meanwhile, has been the driving force behind the modern day Constitutional Sheriffs movement. In the last six months, Mack’s group has mobilized across the US, building relationships with powerful figures close to Trump, training armed militias, and laying out plans for when Democrats inevitably, in their view, try to steal the election. They’re laying the groundwork to challenge the outcome of next month’s vote—and recruiting sheriffs to help them assert control if Trump loses.
“In a swing state like Michigan or Wisconsin, where the difference in the state's outcome is 50,000 to 70,000 votes, if a sheriff becomes an obstacle, then that could undermine that state's credibility, says Will Pelfrey, a professor of criminal justice and homeland security at Virginia Commonwealth University. “In a swing state, that could undermine the entire national election.”
A WIRED investigation reviewed hundreds of documents and conducted dozens of interviews over the course of the last six months. We found that the Constitutional Sheriff movement believes it is the last line of defense to protect American elections. At conferences in Las Vegas and Florida, as well as online in group chats and Zoom meetings, their discussions often turn to how sheriffs can utilize their unique power in order to, they say, safeguard democracy.
For years, sheriffs like Leaf who believe they have unlimited power to interpret and enforce the laws of the land have operated on the fringes. But as the election approaches, they have been increasingly empowered by those close to Trump and are more committed than ever to ensuring a Republican victory up and down the ballot. At all costs.
Today, one in four sworn law enforcement officers in the US report to a sheriff. In addition to running county jails, sheriffs and their deputies make approximately 20 percent of all arrests in the nation, according to one estimate, translating to around 2 million arrests every year. In nearly one in three US counties, sheriff departments are the largest law enforcement agency, meaning sheriff’s offices are the primary law enforcement agency for 56 million people.
“Sheriffs are really beholden to nobody,” says Pelfrey. “Once elected, a sheriff has tremendous power, and there have been sheriffs who have been convicted and still hold office. It's a bizarre thing. It shouldn't exist, but sheriffs are not beholden to a governor or to a president, and the only way to enforce state or federal laws for a recalcitrant sheriff is the National Guard. And that's not a viable system.”
At the April event in Las Vegas, Mack worked the room incessantly. Together with Leaf, he built links with the leaders of the election denial movement, discussing and preparing for the recruitment of like-minded citizens to patrol polling stations and stop “illegal” immigrants from voting in the election. The event was a veritable who’s who of the right-wing election denial movement, including former Overstock.com CEO Patrick Byrne, pillow salesman Mike Lindell, and the de facto leader of the movement, disgraced former national security adviser Michael Flynn.
On stage, Flynn told the sheriffs they have “a huge role and responsibility in this country” and that only their local-level work will halt voter fraud. During his speech, Byrne said that constitutional sheriffs would need to play a vital role in fighting the influx of “15 million military-age men.” He also claimed that a “well-regulated militia is not a dirty phrase” and urged sheriffs in attendance to build “surge capacity” by partnering with local militias.
“The constitutional sheriffs, or any sheriff in this county, have mega power at the county level,” Lindell told WIRED in Las Vegas. He suggested that sheriffs could arrest voters for illegally voting in the wrong county, adding that they could “put a moratorium” on the voting machines if they suspect fraud is taking place. And he cited Leaf, who spoke at the event, as an example that all sheriffs should follow.
“Our job is basically to make sure that my guys are educated on the election laws, start looking for the violations, trying to get the election clerks to start paying attention if somebody drives in and they've got a whole van full of people that look like they're not from around our area, and they can say no and then make them take it through the courts,” Leaf told WIRED that week, referencing the conspiracy that “illegal immigrants” were being relocated over the border by Democrats to sway the election in favor of Kamala Harris.
To make sure his deputies follow his lead, Leaf said he is working with others to produce a guide on how to properly police elections—something he said he was going to share with all sheriffs across the country in time for the US elections.
“The role of the sheriff has always been to maintain the peace, and he's your chief law enforcement officer and chief conservator of the peace of your county,” Leaf said. “And when you get people cheating on elections, that's disturbing the peace. You violated somebody's peace.”
None of these claims of constitutional power and control are true.
“There is no constitutional basis for their claims to power, zero, it's just not in the constitution,” says representative Jamie Raskin, the congressman from Maryland who spent decades working as a constitutional law professor at American University’s Washington College of Law. “County sheriffs have no more sovereign-state political power than municipal police chiefs or mayors or county commissioners. The whole claim is completely fictional. It's a pure fabrication.”
Still, anyone paying attention is nervous: Leaf has publicly defended members of the Wolverine Watchmen militia who plotted to kidnap Michigan governor Gretchen Whitmer in 2020. “It’s just a charge, and they say a 'plot to kidnap' and you got to remember that,” he told a local news outlet. “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’s a felony, you can make a felony arrest.” And he has run an eight-week militia training course, called Awaken Our Constitution’s Sleeping Militia Clauses, that he openly advertised on his Facebook page as recently as January.
The contents of the course, according to emails reviewed by WIRED, are based on a 2010 booklet from Brent Allen Winters, a sovereign-citizen believer, titled “Militia of the Several States,” which outlines a belief that armed militias are granted their power not from the constitution but from God, harking back to a time during the American Revolution when men in some areas were fined for not bringing their guns to church. The booklet even cites the Old Testament as justification for organizing an armed militia.
As Winters and Leaf see it, a member of a militia has two duties: “Armed defense of the land from enemies foreign and defense of the law of the land from enemies domestic.”
In one slide, titled “Do Your Duty,” which was shown to attendees of Leaf’s training course, Winters wrote: “Get started. Get a standard AR-15 type military grade weapon. Get 500 rounds of ammo.”
“There should be militias connected with every sheriff,” Leaf told The Guardian in July.
Experts like Devin Burghart, executive director of the Institute for Research & Education on Human Rights and someone who has closely chronicled the Constitutional Sheriffs movement for years, are also tracking how the organization is now interacting with other extremist, “paramilitary” groups.
”The Vegas CSPOA conference was about more than recruiting far-right sheriffs,” Burghart claims. “It was about plotting a road map for coordinated election interference and insurrection 2.0.”
In the weeks after the 2020 election, Trump and his advisers were scrambling to challenge the election results when a relatively unknown former Army Reserve lieutenant colonel named Ivan Raiklin started tweeting. Raiklin told Trump that he should play the “Pence card” and force then vice president Mike Pence to refuse to certify the results of the election.
While Raiklin cited a real provision of the US legal code, his plan had no basis in law. Trump retweeted and endorsed Raiklin’s plan, and while it ultimately went nowhere, the “Pence card” was a precursor to the Trump internal legal team’s coup memo that laid out a plan for Pence to overturn the election result on January 6, 2021.
Four years later, Raiklin is now a superstar in the world of election denial. Ahead of the 2024 election, he has a new scheme to guarantee Trump’s win. It involves the constitutional sheriffs.
Raiklin has compiled a “Deep State target list” of more than 350 names, reviewed by WIRED, that includes elected Democratic and Republican lawmakers, FBI officials, journalists, members of the House January 6 committee, US Capitol police officers, and witnesses from Trump’s two impeachment trials. His plan is to get constitutional sheriffs to round up those people in livestreamed swatting raids so they can be punished for treason. Raiklin, who is closely connected to Flynn’s organization, also wants sheriffs to “deputize” people into armed militias or “posses” to help facilitate the arrests.
“We have hundreds of thousands that want to participate in retribution,” Raiklin said in a June video interview with Cliven Bundy, a Nevada cattle rancher who became a far-right icon after a dispute in 2014 over grazing fees led to an armed standoff with federal authorities. “Some people call it accountability.”
Raiklin met with Mack at the Las Vegas conference and tried to recruit sheriffs to his cause. In June, Raiklin and Mack met again and had “a good discussion,” according to Mack, who would not expand on what exactly the pair discussed. Raiklin refused to speak to WIRED in Vegas and didn’t answer questions sent afterward.
While Trump has not endorsed the Constitutional Sheriffs movement directly, he has spent recent years courting sheriffs around the country. In September 2018, Trump stood in the White House surrounded by almost four dozen sheriffs. Front and center was Thomas Hodgson, then sheriff of Bristol County in Massachusetts.
Hodgson was there to present Trump with a plaque, and praised him for his “strength of purpose” and “commitment to [his] convictions.” The inscription read in part: “There’s a new sheriff in town.” A supporter of the Constitutional Sheriff movement, Hodgson was tapped by Trump in late 2019 to become an honorary chairman of Trump’s Massachusetts reelection effort.
Trump held around a dozen meetings with sheriffs at the White House during his four years in office, more than any other president—and that’s not counting the regular appearances of sheriffs at Trump rallies and campaign stops. Mark Lamb, a constitutional sheriff from Pinal County, Arizona, spoke at Trump rallies in his home state and in Illinois. Trump also emboldened sheriffs by removing Department of Justice oversight that the Obama administration had put in place and restarting a program to allow sheriffs departments to buy military-grade weapons at discounted prices.
“Trump’s tough-guy, xenophobic, and conspiracy-minded persona gave sheriffs a new model in the White House,” writes Jessica Pishko, author of The Highest Law in the Land: How the Unchecked Power of Sheriffs Threatens Democracy. “Under Trump, constitutional sheriffs had a friend and protector at the highest level of government.”
While Mack’s group is at the forefront of the Constitutional Sheriffs movement, there are many other sheriffs across the US who hold similar beliefs about the power of sheriffs. The movement has also found purchase with other prominent right-wing groups. In 2021, the Sheriff’s Fellowship was launched by the Claremont Institute, an influential far-right think tank involved in the drafting of Project 2025, whose stated goal is to see the US revert to a Christian-centric nation based on principles espoused by the founding fathers. The fellowship, which was funded by Trump’s former secretary of education Betsy DeVos, is a five-day training course in “American political thought and institutions” and has featured multiple self-identified constitutional sheriffs, including Leaf.
The closer constitutional sheriffs get to the mainstream GOP, the more cause for alarm.
“The danger of authoritarian attack on the democratic process is at its peak when you get an alliance between extremist vigilante groups like [the Constitutional Sheriffs] with elements of the actual political system, like a political party,” says Representative Raskin. “That's a dangerous combination if Donald Trump is going to be leading the Republican Party into election denialism and a determination to prevail over the rule of law, and you have violent paramilitary groups backing them up.”
Richard Mack’s law enforcement career began with rejection. “My father had just retired from the Bureau a few years earlier and I wanted to follow in his footsteps,” Mack wrote in his 2009 book titled The County Sheriff. “But, this dream never happened as I had some problems with one of the Bureau's entrance tests.” He instead decided to join the Provo (Utah) Police Department in 1979, where he says he immediately became a “by-the-numbers jerk” whose primary goal was writing as many tickets as possible.
In 1982, Mack went undercover on the narcotics beat. “I had to live in the bars, drink, smoke, and act like the biggest partying druggie there ever was (something totally foreign to my conservative Mormon upbringing),” Mack wrote.
The assignment opened Mack’s eyes to what he saw as the injustice of the drug war and how it was targeting US citizens rather than organized crime groups. Disillusioned with the police force, in 1988 Mack moved home to Safford, Arizona, and successfully ran for Graham County sheriff. This was where the Constitutional Sheriff movement began.
Constitutional sheriffs claim their power comes directly from the founding fathers, even though there is no mention of sheriffs in the constitution. Many sheriffs—including Leaf—cite a quote from a Thomas Jefferson letter as their justification for the importance of the position: “The office of Sheriff [is] the most important of all the Executive offices of the county.” The line was indeed written by Jefferson, but the letter focuses on Jefferson's complaints about lifetime appointments of local judges and how they abuse their office, Pishko writes in her book.
The roots of the modern day Constitutional Sheriffs movement originate in the far-right Posse Comitatus group, which was formed in the early 1970s by William Potter Gale, a minister of a militant antisemitic, white-nationalist quasi-religion known as Christian Identity. Gale lionized the idea of the county sheriff as a protector of the ordinary citizen who had the power to call up posses or militias to root out communism, fight the desegregation of schools, and remove—or even execute—federal officials.
Over the years, the ideas popularized by Gale would inspire a variety of far-right groups, individuals, and movements, including Timothy McVeigh, who carried out the Oklahoma City bombing in 1995. Incidents like the sieges at Ruby Ridge and Waco in the early 1990s, the latter of which resulted in dozens of deaths, would be used as further evidence by figures like Mack who already believed the federal government was overstepping.
At the same time, Mack coordinated with the National Rifle Association (NRA) to be a plaintiff in a lawsuit challenging the Brady Bill, signed into law by then president Bill Clinton in 1993. The law mandated federal background checks on firearm purchasers—carried out by sheriffs. For sheriffs like Mack, who almost uniformly view Second Amendment gun rights as sacred, this was too far.
In 1997, the Supreme Court sided with Mack and the NRA, finding that the provisions in the bill that forced sheriffs to perform the background checks were unconstitutional. Mack was no longer a sheriff, but he catapulted to fame on the far-right for standing up to the government. He became a regular on the militia and pro-gun speaking circuits and even did PR work for Gun Owners of America, a more hard-line version of the NRA.
Over the next decade, Mack continued to mix in far-right circles. In the early 2010s, he became a board member of the Oath Keepers, an anti-government militia led by former Army paratrooper Stewart Rhodes, who is currently serving an 18-year sentence for his role in the January 6 Capitol riot. (Mack said he left the Oath Keepers around a decade ago when it became too militant, but CSPOA continued to support the group on its podcasts and newsletters in the years since the attack on the Capitol, helping raise money for Rhodes’ legal fund.)
In 2011, Mack founded the CSPOA to “take America back, Sheriff by Sheriff, County by County, State by State.” In 2014, Mack, together with members of the CSPOA and the Oath Keepers, was part of the now infamous armed standoff between the federal government and the Bundy family in Nevada.
The popularity of the CSPOA has waxed and waned over the course of its 13-year-old history, but the Covid-19 pandemic and protests following the murder of George Floyd in 2020 brought sheriffs back to the fold.
Mack reportedly encouraged sheriffs to ignore restrictions by federal and state officials meant to curb the spread of Covid; he also helped facilitate the spread of anti-vaccine disinformation as a board member of the conspiracy group America’s Frontline Doctors, a role for which he was, at one time, paid $20,000 a month. Mack, who to this day still refers to himself as “Sheriff Mack,” has not been a sheriff for almost 30 years. He unsuccessfully ran for other sheriff positions, and even governor of Utah and US senator in Arizona.
In interviews, Mack comes across as reasonable, repeatedly pointing out that the CSPOA is a nonviolent movement. But in the private members-only webinars he broadcasts weekly to his subscribers, he portrays a much darker side. In an August webinar, he said that his group was “obsessed” with monitoring next month’s vote and the “probability” that the election will be stolen as a result of the millions of illegal aliens being shipped into the country. In another webinar earlier this summer, Mack pushed an even darker conspiracy, that Democrats will allow Trump to win to instigate a civil war:
“The only way I see Trump winning is if they decide they want Trump to be in, that those who cheated last time are actually going to make sure he gets in,” Mack said. “Why do they want Trump in? Because they want the civil war to begin, and the violence that will be happening across this country will be horrendous.”
In September, Leaf appeared in Orlando, Florida, to discuss what extremism experts say is a “far-right blueprint for the next insurrection.” He was speaking at a conference organized by the Florida Foundation for Freedom, a group run by the CSPOA. Leaf was there to show other sheriffs how to take action.
The conference’s speaker list included a variety of election conspiracists with links to Trump—including far-right figure Mark Finchem, who is currently running for a seat in Arizona’s statehouse—and Christian nationalists, including Bill Cook, the founder of America’s Black Robe Regiment. Also speaking at the conference was Mary Flynn O’Neill, a director at America’s Future, the nonprofit run by her brother, Michael Flynn.
The event was organized by Bill Mitchell, the head of CSPOA’s Florida chapter, to promote a blueprint he created for constitutional sheriffs in other states to connect with like-minded election officials. The details of the plan were outlined in a seven-page document published on the foundation’s website, on CSPOA-headed paper.
“Take back the states, one constitutional sheriff at a time,” Mitchell said during a summer presentation about the plan.
When WIRED spoke to Mitchell, he denied that his plan was focused on disrupting the election. But the document clearly calls for citizen-led, local posses aligned with the CSPOA to recruit like-minded sheriffs, county commissioners, and supervisors of elections. Should those officials refuse to take action as directed, the plan states, allied sheriffs or posse-led grand juries will relieve them of their duties.
“Instead of a January 6–style centralized mass insurrection, these Florida activists developed a blueprint for a county-by-county-style revolt,” says Burghart, who analyzed the plan on IREHR’s website.
It’s not just Florida. In Las Vegas, Bob Songer, the sheriff in Klickitat County in Washington state, shared a 32-page guide with other sheriffs on how to recruit a posse, revealing that his own has 150 members. Leaf outlined how, when his Michigan election fraud investigation was going nowhere, he created his own “election investigation posse” consisting of two cybersecurity experts and a “clerk” to gather evidence.
Mack has also espoused his view that every sheriff should have his own posse. In a recent members-only webinar, viewed by WIRED, Mack and Sam Bushman, CEO of the CSPOA, wondered about the possibility of veterans temporarily moving to Leaf’s county in Michigan and being deputized to help his investigations into election fraud.
Mack’s views on the power of posses is deep-seated: “People get all upset when they hear about militias, but what’s wrong with it?” Mack reportedly said in the wake of the 1995 Oklahoma City bombing at the NRA's national membership meeting, in which Mack was honored as the organization's law enforcement Officer of the Year. “I wouldn’t hesitate for a minute to call out my posse against the federal government if it gets out of hand.”
“There's no federal constitutional prohibition against a posse,” says Will Pelfrey, a professor of criminal justice and homeland security at Virginia Commonwealth University. “It's kind of terrifying, because you're empowering a lot of fringe people to do something that they probably shouldn't be doing.”
Like lynching, maybe?
It’s not exactly clear how many constitutional sheriffs currently exist. Back in 2014, the group claimed it had 485 sheriffs signed up. In 2017, Mack told High Country News the group had 4,500 fee-paying members. By 2021, that number had risen to 10,000, Mack told VICE News, adding that his group had “trained 400 sheriffs.” Two years later, Mack told AZCIR that his groups had trained 1,000 sheriffs.
When WIRED asked Mack how many sheriffs were currently members of the CSPOA, he said 300 sheriffs could be described as “really solid.” He would not divulge how many paying members the group has.
While Mack and the CSPOA are the most prominent part of the Constitutional Sheriff movement, there are many other sheriffs who espouse the same beliefs. A 2022 survey conducted by the Marshall Project found that close to 50 percent of the sheriffs polled agreed with the constitutional sheriff mantra that “their own authority, within their counties, supersedes that of the state or federal government.”
Many sheriffs have also shied away from publicly aligning themselves with Mack, something the former sheriff readily admits. And yet Trumpworld, the election denial movement, and some of the most prominent far-right influencers are now seeking to team up with the sheriffs to influence the outcome of the US election.
In September, election denial group True the Vote told its followers that it was working with sheriffs to monitor drop boxes. While Mack told WIRED he hasn’t spoken to True the Vote about this specific plan, he has confirmed that the CSPOA is still actively working with True the Vote, though he declined to say in what capacity. Bushman also wouldn’t give details of their collaboration, but said: “It's more than just supporting what they're doing.”
In multiple conversations with Mack over the last six months, he repeatedly asserted that the CSPOA advocates only for nonviolent action in efforts to combat the alleged (and unproven) widespread voter fraud that is now the group’s driving force.
But Mack also maintains deep ties to Stewart Rhodes and the Oath Keepers and is publicly meeting with figures like Raiklin, who in August also posted an ominous threat on X referencing the recent assassination attempt against Trump: “In a duel, each side gets one shot. They missed 36 days ago. Now it's [our] turn.”
Earlier this month, the FBI and Department of Homeland Security warned that “election-related grievances” could motivate domestic extremists to engage in violence around the election.
In a recent phone conversation, Mack’s tone sounded more deflated than antagonistic; he admitted that he was “frustrated” that more sheriffs were not taking a more active role in policing elections, a practice that has led to voters feeling intimidated in the past.
“President Biden and his administration have just caused so much extra work for the sheriffs, it's really hard to get them to focus on elections,” says Mack. Every sheriff in this country should verify the security and integrity of the voting in their county. Every single one.”
Dar Leaf, for one, remains focused. As he prepares to police an election while continuing to investigate the last one, he is clear-eyed about where the threat is coming from: immigrants and Democrats. He claims that America has received “other countries’ garbage,” and as a result, he needs to act.
“Any police officer who thinks that machine is bad or something criminal is going on,” Leaf says, “we have a duty to seize it.”
