We have asked Whatcom County Sheriff Dale Brandland to attend our meeting to allow citizens to ask questions and express concerns they may have about law enforcement issues in Whatcom County. The following list of questions was developed from suggestions offered by several attenders of Citizens for Liberty meetings. It is intended to support our discussion tonight, but not to limit it.
Members of the audience may ask Sheriff Brandland to address one of these questions or they may ask their own question. Please keep your question concise and constructive. It is important to keep our discussion calm and respectful so that we all can learn as much as possible this evening.
Each member of the audience may ask one question until everyone who wishes to speak has had an opportunity to do so. If time permits, you may be able to ask a second question. If we have more questions for the sheriff than our meeting time allows, we will invite him to another meeting.
Some Questions for the Sheriff
1. These days we're all coming to know the words of the Second Amendment by heart: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed. What is the meaning of these words to you? How do they apply in the context of your oath to uphold the Constitution?
2. Is gun control helpful to law enforcement in Whatcom County? Why or why not? Does gun control promote public safety in Whatcom County? Why or why not? Please share statistics and your personal experience.
3. You have stated that the role of law enforcement is necessarily reactive e. Do you support the use of firearms by individuals in defense of person, home, and other property as a crime deterrent?
4. Do you think gun ownership should be further regulated or restricted in Whatcom County? Qh'hy or why not?
5. Are you aware of any militia activity in Whatcom County? If so, do you consider it to pose any threat to peace or safety in our county?
6. Devin Burghart of the Coalition for Human Dignity wrote an article about the Ellwanger eviction in December 1994. The article appeared in his organization's publication, The Dignity Report, Winter 1995, and was reprinted in the May issue of Whatcom Watch. Do you find any discrepancies between what was reported by Mr. Burghart and your experience of the events surrounding the eviction? If so, what are they? Did you perceive any threatened violence or any weapons other than those in the possession of sheriff's deputies? If so, please describe them. Did this incident signal to you a danger of violent confrontations in the future?
7. In retrospect, do you think the Ellwanger situation could have been resolved in a better way. What would you do if a similar situation arose in the future?
8. We know of two recent incidents in Whatcom County where electric bills were used as justification for raids by federal DEA agents. Do you think that electric bills provide sufficient indication of criminal activity to constitute probable cause? Under what authority do you or federal agents have access to the billing records of the electric company and its customers?
9. What is your view of the role of federal agencies in law enforcement in Whatcom County?
10. What steps are you prepared to take to protect the rights of Whatcom County residents in cases of warrantless arrests, searches and seizures proposed or carried out by federal agents.
11. What role can the sheriff's office play in helping the reduce public fears about the intrusion of the federal government into the private homes of individuals?
12. You have said you are considering deputizing U.S. Border Patrol agents. What role would you assign them in Whatcom County? What needs would they be addressing?
13. Can you envision any circumstances under which you would deputize Whatcom County citizens? Why or why not?
14. What is your view of the 2,500 man FBI rapid deployment strike force proposed in H.R.97 now under consideration in Congress? Do you see a need for such a force in the United States? In your opinion, would the existence of such a force pose any dangers to local autonomy or individual liberty? Speaking hypothetically, what kind of situation could arise in Whatcom County which would justify calling upon such a federal strike force?
15. Among the provisions of the Omnibus Counterterrorism Bill (S.390 and H.R.896) is suspension of posse comitatus, the ancient provision which bars U.S. military participation in civilian law enforcement. Please discuss your views on this proposal and on any other aspect of this bill.
16. What is your view of the actions of Dick Carver, Nye County commissioner in Nevada, who ordered all federal agents out of his county? Do you believe he has the authority to do this, and is it proper for him to do so?
17. What is your view of Sheriff Richard Mack's interpretation of his constitutional duties as sheriff? Does your interpretation of the constitutional duties of sheriff differ? If so, on what specific points do you differ and why?
18. Why is the office of sheriff an elected position? What do you consider to be your responsibilities to the voters of Whatcom County?
19. What authority do federal law enforcement agencies such as DEA, FBI and BATF have over the Sheriff's Department?
20. HB 2019 in the Washington Legislature would require that federal agents receive written permission from the sheriff before acting in Whatcom County, unless the federal agent obtained written approval from the state attorney general, as, for example, for arrest of the county sheriff or someone associated with the sheriff. The legislation would also allow federal agents to act without written permission when, in their judgment, the time required to obtain permission would interfere with the effectiveness of their action. How would this legislation change the relationship of the sheriff to state and federal law enforcement, if at all? Do you favor such legislation or not and why?
Your Question(s)