Posse Comitatus (U.S. movement)
Encyclopedia
The Posse Comitatus is a loosely organized far right
social movement
that opposes the United States
federal government and believes in localism
. There is no single national group, and local units are autonomous.
Posse charters were issued in 1969 in Portland, Oregon
, by Henry Lamont Beach, "a retired dry cleaner and one-time member of the Silver Shirts, a Nazi-inspired organization that was established in America after Hitler took power
in Germany" [Corcoran].
William Potter Gale has been described by one expert as the founder of the movement.
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
. If the sheriff refuses to carry out the will of the county's citizens:
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 lien
s and other paper terrorism
.
es, to obtain driver's license
s, 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.
They have unusual legal documents drawn up and attempt to record them, declaring independence from the United States, or claiming to file "common law
" lien
s against perceived enemies like Internal Revenue Service
employees or judge
s. They are often involved in various tax protest
s, and have invoked arguments popularized by tax protesters
.
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 judge
s.
The organisation also demonstrated to support its members over other issues such as divorce disputes. On September 2, 1975, Francis Earl Gillings, the founder of a San Joacquin 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 the deputy's ear.
. Some believe that the U.S. Federal government is illegitimate and in the hands of "ZOG," an alleged Jewish conspiracy
.
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."
, which claims that a U.S. citizen can become a "sovereign citizen" (as opposed to a "Fourteenth Amendment
Citizen") and thereby be subject only to common law and/or "constitutional law", not to statutory law (including most taxes). The Uniform Commercial Code
plays an important part in these legal theories.
While some African-American groups have adopted Sovereign Citizen beliefs, the movement is dominated by adherents of Christian Identity
. Some within the movement see African Americans, who only gained legal citizenship with the passage of the 14th Amendment after the civil war, as "14th Amendment citizens" with fewer rights than whites.
In turn, 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, and sells instructions explaining how to "free" yourself by filing particular government forms in a particular order using particular wording. This 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".
Far right
Far-right, extreme right, hard right, radical right, and ultra-right are terms used to discuss the qualitative or quantitative position a group or person occupies within right-wing politics. Far-right politics may involve anti-immigration and anti-integration stances towards groups that are...
social movement
Social movement
Social movements are a type of group action. They are large informal groupings of individuals or organizations focused on specific political or social issues, in other words, on carrying out, resisting or undoing a social change....
that opposes the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
federal government and believes in localism
Localism (politics)
Localism describes a range of political philosophies which prioritize the local. Generally, localism supports local production and consumption of goods, local control of government, and promotion of local history, local culture and local identity...
. There is no single national group, and local units are autonomous.
Posse charters were issued in 1969 in Portland, Oregon
Portland, Oregon
Portland is a city located in the Pacific Northwest, near the confluence of the Willamette and Columbia rivers in the U.S. state of Oregon. As of the 2010 Census, it had a population of 583,776, making it the 29th most populous city in the United States...
, by Henry Lamont Beach, "a retired dry cleaner and one-time member of the Silver Shirts, a Nazi-inspired organization that was established in America after Hitler took power
Hitler's rise to power
Adolf Hitler's rise to power began in Germany in September 1919 when Hitler joined the political party that was known as the Deutsche Arbeiterpartei . This political party was formed and developed during the post-World War I era...
in Germany" [Corcoran].
William Potter Gale has been described by one expert as the founder of the movement.
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
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
. 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.
Many Posse members practice survivalism
Survivalism
Survivalism is a movement of individuals or groups who are actively preparing for future possible disruptions in local, regional, national, or international social or political order...
and played a role in the formation of the armed citizens' militias in the 1990s. The Posse Comitatus pioneered the use of false lien
False lien
A false lien is a lien that has no factual or legal basis, or is based upon false, fictitious, or fraudulent statements or representations. The filing of false liens is sometimes used as a tool of harassment in paper terrorism, often against government officials. The practice was pioneered by the...
s and other paper terrorism
Paper terrorism
Paper terrorism is a neologism to refer to the use of false liens, frivolous lawsuits, bogus letters of credit, and other legal documents lacking sound factual basis as a method of harassment, especially against government officials. These methods are popular among some anti-government groups and...
.
Federal taxes
Members of the Posse Comitatus frequently refuse to pay taxTax
To tax is to impose a financial charge or other levy upon a taxpayer by a state or the functional equivalent of a state such that failure to pay is punishable by law. Taxes are also imposed by many subnational entities...
es, to obtain driver's license
Driver's license
A driver's license/licence , or driving licence is an official document which states that a person may operate a motorized vehicle, such as a motorcycle, car, truck or a bus, on a public roadway. Most U.S...
s, or otherwise to comply with regulatory authorities. They deny the validity of United States fiat money
Fiat money
Fiat money is money that has value only because of government regulation or law. The term derives from the Latin fiat, meaning "let it be done", as such money is established by government decree. Where fiat money is used as currency, the term fiat currency is used.Fiat money originated in 11th...
as not backed by gold
Gold standard
The gold standard is a monetary system in which the standard economic unit of account is a fixed mass of gold. There are distinct kinds of gold standard...
, which they claim the Constitution requires.
They have unusual legal documents drawn up and attempt to record them, declaring independence from the United States, or claiming to file "common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
" lien
Lien
In law, a lien is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation...
s against perceived enemies like Internal Revenue Service
Internal Revenue Service
The Internal Revenue Service is the revenue service of the United States federal government. The agency is a bureau of the Department of the Treasury, and is under the immediate direction of the Commissioner of Internal Revenue...
employees or judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s. They are often involved in various tax protest
Tax protester arguments
Tax protester arguments are a number of objections raised by individuals who deny that a person has a legal obligation to pay a tax for which the United States government has determined that person is liable....
s, and have invoked arguments popularized by tax protesters
Tax protester (United States)
A tax protester is someone who refuses to pay a tax on constitutional or legal grounds, typically because he or she believes that the tax laws are unconstitutional or otherwise invalid...
.
Criminal activities
In 1983, former Posse member (and accused parole violator) Gordon KahlGordon Kahl
Gordon Wendell Kahl is best known for his involvement in two fatal shootouts with law enforcement officers in the United States in 1983....
killed two federal marshals (who had come to arrest him) in North Dakota
North Dakota
North Dakota is a state located in the Midwestern region of the United States of America, along the Canadian border. The state is bordered by Canada to the north, Minnesota to the east, South Dakota to the south and Montana to the west. North Dakota is the 19th-largest state by area in the U.S....
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
Tax evasion
Tax evasion is the general term for efforts by individuals, corporations, trusts and other entities to evade taxes by illegal means. Tax evasion usually entails taxpayers deliberately misrepresenting or concealing the true state of their affairs to the tax authorities to reduce their tax liability,...
and counterfeiting to threatening the lives of IRS agents and judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s.
The organisation also demonstrated to support its members over other issues such as divorce disputes. On September 2, 1975, Francis Earl Gillings, the founder of a San Joacquin 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 the deputy's ear.
Christian Identity
Some Posse members embraced the anti-semitic and white supremacist beliefs of Christian IdentityChristian Identity
Christian Identity is a label applied to a wide variety of loosely affiliated believers and churches with a racialized theology. Many promote a Eurocentric interpretation of Christianity.According to Chester L...
. Some believe that the U.S. Federal government is illegitimate and in the hands of "ZOG," an alleged Jewish conspiracy
Conspiracy theory
A conspiracy theory explains an event as being the result of an alleged plot by a covert group or organization or, more broadly, the idea that important political, social or economic events are the products of secret plots that are largely unknown to the general public.-Usage:The term "conspiracy...
.
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."
Sovereign Citizens
The legal theories of Posse Comitatus have been further developed by the Sovereign Citizen MovementSovereign citizen movement
The sovereign citizen movement is a loose network of American litigants, commentators and financial scheme promoters, classified as an "extremist anti-government group" by the United States Federal Bureau of Investigation....
, which claims that a U.S. citizen can become a "sovereign citizen" (as opposed to a "Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
Citizen") and thereby be subject only to common law and/or "constitutional law", not to statutory law (including most taxes). The Uniform Commercial Code
Uniform Commercial Code
The Uniform Commercial Code , first published in 1952, is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America.The goal of harmonizing state law is...
plays an important part in these legal theories.
While some African-American groups have adopted Sovereign Citizen beliefs, the movement is dominated by adherents of Christian Identity
Christian Identity
Christian Identity is a label applied to a wide variety of loosely affiliated believers and churches with a racialized theology. Many promote a Eurocentric interpretation of Christianity.According to Chester L...
. Some within the movement see African Americans, who only gained legal citizenship with the passage of the 14th Amendment after the civil war, as "14th Amendment citizens" with fewer rights than whites.
In turn, the Sovereign Citizen movement gave rise to the "redemption movement
Redemption movement
The redemption movement consists of supporters of an American conspiracy theory. Redemption theory involves claims that when the U.S. government abandoned the gold standard in 1933, the government pledged its citizens as collateral so that the government could borrow money...
", which claims that the U.S. government has enslaved its citizens by using them as collateral against foreign debt, and sells instructions explaining how to "free" yourself by filing particular government forms in a particular order using particular wording. This 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".
External links
- Posse Comitatus
- Posse Comitatus on NizkorNizkor ProjectThe Nizkor Project is an ongoing Internet-based project run by B'nai Brith Canada which is dedicated to countering Holocaust denial. It was founded by Ken McVay as a central Web-based archive for the large numbers of documents made publicly available by the users of the newsgroup alt.revisionism...
's website - The Posse Comitatus by Ian Geldard brief overview of the origins and development of the group
- Sovereign Citizen Movement article from The Anti-Defamation League
- Too Weird for The Wire by Kevin Carey, Washington Monthly (describing the use of Posse Comitatus theories by African-American drug dealers in Baltimore)