Wicked Commentary

Colorado Governor John Hickenlooper is expected to sign into law a bill that would give the U.S. Secret Service “limited” police power while operating in the state of Colorado. The bill, SB 13-013, which has already been passed by both the Colorado House and Senate, has sparked a firestorm of controversy because of fears that the proposed power could be used by Secret Service agents, acting on behalf of the Obama administration, to arrest sheriffs in Colorado who refuse to enforce unconstitutional federal gun controls.

Secret Service

Just such a scenario of federal overreach was expressed by Colorado state Representative Lori Saine, who was quoted on March 29 by World Net Daily exclaiming:

This is insane! In theory if a Secret Service agent is in a county where the sheriff has refused to enforce some of the recent unenforceable gun laws, the agent could [ignore the sheriff entirely and] arrest any individual if he believes the law has been broken….

I believe it is intended to be used for setting up a framework so that at some other time they could expand it to possibly include being able to arrest a sheriff who is refusing to enforce unconstitutional laws.

Charley Barnes, at K99.com in Denver, further fanned the controversy within Colorado when he observed on April 1:

By the sounds of it, Colorado is being targeted with an attempt to set up loopholes that will allow the U.S. Secret Service to arrest and remove an elected sheriff for refusing to enforce the law, or anyone [else] breaking the law.

His post went viral, fostering so many phone calls and emails to the Larimer County Sheriff’s office that Sheriff Justin Smith, who does not share Barnes’ view, was forced to respond and “clarify” what, he say, SB 13 is really intended to accomplish. Here is Smith’s response to Barnes:

In the last decade, Colorado started to grant limited authority to certain federal law enforcement agencies. The purpose is so that if they witness a citizen being victimized, they can act and turn the case over to a local police officer (because most crimes against our citizens are not federal crimes and they have no other jurisdiction to intervene as federal officers).

The law also allows them, in cases where they are investigating a crime that is against both state and federal law, to file the case with our local DA [District Attorney] in situations where the damage amount doesn’t meet a threshold where the federal prosecutors will file it in federal court.

If you read the bill, you will see the limitations clearly in it. As sheriffs, we are the beacon against over reach by federal authorities, but in this situation, it is not the case.

(signed) — Sheriff Justin Smith

However, when one actually reads the specific language of SB 13, a more ominous picture emerges that undermines Smith’s disclaimer. Taken directly from the language of the law,

The law gives a special agent, uniform[ed] division officer, physical security technician, physical security specialist, or special officer of the United States Secret Service limited peace officer authority while working in Colorado.

On its face, the law gives “limited peace officer authority,” but it does so without specifying any limits on that authority. But the law does specify the circumstances where a Secret Service agent may operate as a peace officer in Colorado:

(I) RESPONDING TO A NONFEDERAL FELONY OR MISDEMEANOR THAT HAS BEEN COMMITTED IN HIS OR HER PRESENCE;

(II) RESPONDING TO AN EMERGENCY SITUATION IN WHICH HE OR SHE HAS PROBABLE CAUSE TO BELIEVE THAT A NONFEDERAL FELONY OR MISDEMEANOR INVOLVING INJURY OR THREAT OF INJURY TO A PERSON OR PROPERTY

HAS BEEN, OR IS BEING, COMMITTED AND IMMEDIATE ACTION IS REQUIRED TO PREVENT ESCAPE, SERIOUS BODILY INJURY, OR DESTRUCTION OF PROPERTY;

(III) RENDERING ASSISTANCE AT THE REQUEST OF A COLORADO PEACE OFFICER; OR

(IV) EFFECTING AN ARREST OR PROVIDING ASSISTANCE AS PART OF A BONA FIDE TASK FORCE OR JOINT INVESTIGATION WITH COLORADO PEACE OFFICERS.

Simply put, a Secret Service agent is granted the same powers as local law enforcement officers if he

1. Sees a crime being committed,

2. Has “probable cause” that a crime has been committed or is about to be committed,

3. Has been asked to assist local law enforcement, or

4. Is part of a joint task force with local law enforcement.

Eerily, the bill goes on to say that this federal agent doesn’t have to follow Colorado rules when exercising those powers. Here’s more from the law:

(b) THE SECRET SERVICE AGENT ACTS IN ACCORDANCE WITH THE RULES AND REGULATIONS OF HIS OR HER EMPLOYING AGENCY.

And who employs this Secret Service Agent? The U.S. government! And under the ground rules specified by SB 13-013, the Fourth Amendment is erased from consideration. Here’s the language:

(2) A SECRET SERVICE AGENT IS A PERSON WHO IS EMPLOYED BY THE UNITED STATES GOVERNMENT, ASSIGNED TO THE UNITED STATES SECRET SERVICE, EMPOWERED TO EFFECT AN ARREST WITH OR WITHOUT A WARRANT FOR VIOLATIONS OF THE UNITED STATES CODE, AND AUTHORIZED TO CARRY A FIREARM AND USE DEADLY FORCE IN THE PERFORMANCE OF HIS OR HER DUTIES AS A FEDERAL LAW ENFORCEMENT OFFICER. [Italics added for emphasis.]

This is plain English. The Secret Service agent, acting as an agent of the federal government and not the state of Colorado, may use deadly force if necessary to arrest an individual without a warrant for any activity under the United States Code the Secret Service agent observes that gives him “probable cause” to conduct the arrest.

Is it too much of a stretch to conjure that the U.S. Secret Service might regard a Colorado county sheriff refusing to enforce Obama gun controls as a violation of the United States Code and, upon observing that violation, might move to arrest the sheriff, using deadly force as necessary?

Some might suggest that this is stretching the potential impact of SB 13-013 beyond what’s intended — and perhaps even beyond what could reasonably occur in the name of SB-013. Perhaps. But it is helpful to remember that the United States Code is over 200,000 pages long and contains 51 titles, one of which is entitled Domestic Security. The Department of Homeland Security (DHS) enforces that part of the Code, and, as summarized by Wikipedia, it “works in the civilian sphere to protect the United States within … its borders. Its stated goal is to prepare for, prevent, and respond to domestic emergencies, particularly terrorism.”

Is it too much of a stretch to see how failure to enforce a state law by a county sheriff might be perceived to enable terrorists in the eyes of the U.S. Secret Service?

Sheriff Barnes

As Charley Barnes put it at K99.com:

I think the bottom line is [that] there are now around 350 sheriffs from all across the country who are staring into a barrel of trouble when they refuse to arrest someone based on the 2nd Amendment issues they say they will not enforce.

At least one pro-gun Republican lawmaker who voted in favor of SB 13-013 is having second thoughts. In an email to one of his constituents, state Senator Kevin Grantham lamented:

I will tell you what I’ve been telling everyone about this legislation since it’s taken on a life of its own: as far as votes go I suppose all things being equal I would probably take that one back….

The one criticism leveled against the bill and against my vote, to which I humbly acquiesce, is that it does grant power where none existed before. For that alone I would like to have [my] vote back.

Grantham expressed the same sentiment at an April 6 Town Hall meeting in Falcon, Colorado, that was attended by this reporter. On that occasion, Grantham, a strong supporter of the Second Amendment, also noted that the bill was “intended” only to assist local and state law enforcement officials in their duties. But the big question: Could the legislation be used as a rationale for something more sinister, irrespective of the intended purpose?

The furor will likely continue and undoubtedly even increase if and when a Secret Service agent actually attempts to do exactly what Barnes has suggested — that is, he attempts to arrest a local sheriff for refusing to enforce unconstitutional federal gun controls.

Photo of U.S. Secret Service agents: AP Images

 http://thenewamerican.com/usnews/crime/item/15024-furor-over-colorado-bill-to-give-secret-service-agents-police-powers

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Comments on: "Gun Control Worsens in Colorado by Peppermint" (22)

  1. Oh my, such a great article. Ray and I are attending 9.12 Tea Party meeting Thursday – our Sheriff will be the speaker. Last time I talked to him, a month or so ago, he told me that he agreed with the sheriffs who signed the petition against Obama’s gun control, although he did not sign it because he “has a good relationship with the FBI”. I am not sure how to take that – is the FBI more important than his constituents? What about the oath he took to protect the citizens of his county? This should be a very interesting meeting. Thank you Pepp for another great article.

    Like

    • goshawk3 said:

      Hi Donna,

      I hope your meeting turns out for the better. I would be more interested in just ‘how good’ the Sheriff’s relationship is with the FBI. I do not trust anyone.

      Like

  2. Well Pepp, the lines are being drawn in the sand; and everyone is starting to pick sides. In the US military, my non-blood related military sources are telling me that the Pentagon is issuing directives to field grade officers instructing them what to do in the event of large scale civil unrest. (I am NOT asking my relatives at this point in time. There is no reason to place them on the Pentagon “untrust-worthy” list.)

    These instructions also direct how the lower-ranking officers and NCO’s are to issue orders to the troops. Most of these instructions do involve the possibility of firing on US civilians and urban warfare. As best I can tell, the Pentagon is worried about the large cities.

    The sheriffs throughout the nation are going to be on the front lines in the event “some one blinks”.

    Like

    • goshawk3 said:

      grey,

      Doesn’t sound good. Do you have a copy or access to the orders handed down to the troops officer and NCO’s ?

      Like

      • Hawk, no I don’t. I am taking the “word” of men I have known for over 30 years. However, I will try to get a copy of the actual orders. It will take some time as no one is emailing anything. (It is getting scarier by the day.)

        Like

  3. goshawk3 said:

    Good info Pepp!

    That’s just frickin great! Now the Governor of Colo. (my home state) John Hickenlooper has capitulated to that treasonous S.O.B Ovomit! Basically he has given away the states powers and sovereignty by allowing Colorado to become the first official Federal state! (Communist State.)

    Are Hickenlooper and his underlings such stupid Liberals that they can’t see that they have given Ovomit and his Nazi Black shirts complete power over them!!?? “Limited power” myazz! They have given Ovomit the power to recreate the Holocaust in Colorado if he chooses to do so! Ovomit and his “Black shirts” will decide what is right or wrong. And we all know where that is going!

    Hmmm.. It just struck me.. I wonder if this might be an example of how he intends to bring in the UN.? One state at a time?

    Like

  4. Thanks for posting this, Pepp. I believe what we have here may become known as “the Secret Service” loophole. Although the wording would seem innocent enough if one assumes the best case scenarios, the worst case is when the loophole is actually used by the SS to arrest a sheriff. I’d bet a bunch that this will eventually come to pass.

    Like you, I wouldn’t trust any dem, much less a federal LEO under Obama’s command, to abide by the spirit of a law when there is an opportunity within the letter of the law to exploit the law for their nefarious purposes.

    Hickenpooper ought to be impeached for giving the federals MORE control over what is the state sheriff’s rightful authority. He has really opened a can o’ worms for the people of Colorado when he signed this piece of crap.
    G92

    Like

    • goshawk3 said:

      garnet92,

      You are so right about the ‘loophole.’ Ovomits regime, as you know, is completely lawless and without morals. Once they get a foot in, hell, even a toe in the door they own you.
      They will minipulate existing laws, make up their own rules as they need them. In the beginning they will use any excuse to find you in violation of some fictitious code. That is done only to calm a concerned populace. After awhile they will need No Violation and won’t bother to explain their actions.

      If they want to arrest someone for looking at them wrong, they will and drag them off without an explaination!

      This is Nazi Germany all over again!

      Like

      • willibeaux said:

        Mrs. Pepper’awk! This is the first I’ve heard of this little goodie. Seems it’s been hidden under the radar.

        Unless one our watchdog legal groups challenges this, I’m afraid we iss screwed.

        Gos’awk! We moved here 41 years ago and we seen this state slowly go to hell in a hand basket. ;-(

        Like

        • goshawk3 said:

          Hi Beaux,

          it’s a rotten shame that Colorado has given itself over to these Liberal S.O.B’s. I really hope that the citizens impeach Hickenlooper.

          As you know I was born in Colo. My parents moved to another state when I was a young boy but the fondest memories of my childhood are of Colorado.

          When I was there it was a very laid back and peaceful place. It was perfectly legal to carry a gun right downtown. Almost everyone was armed and there was never any trouble.

          What the heck happened Beaux? How did the Liberals manage to take over and screw up the state?

          Like

  5. Reblogged this on misentopop.

    Like

    • Hey GP,

      I’m Dave (contributing writer on this blog) and I just want to say thank you for visiting and we all really appreciate you reblogging this article. This type info is SO important to get out to as many folks as possible, your reblogging is greatly appreciated!

      Like

  6. More traitors jumping on the Traitor Band Wagon! I feel damn sorry for those SS agents when they go messing with some redneck sheriffs. CO use to be a good red state, but it’s such a beautiful state, many traitors have migrated there and changed the entire landscape of that state. Traitors are spreading at a pandemic pace, but most are gutless and push come to shove…we will kick their ass!

    Like

  7. Just what we all need, here come the goon squad. SS agents caught skipping out on prostitutes in SA but, by golly, they’ll get some unlimited peacetime authority here… along with anyone else in the King’s Clan.

    Like

    • Just like the Nazi officers enjoyed in Germany.

      Like

      • goshawk3 said:

        Bull,

        That’s why I’m going to start using.. ZZ to stand for * Ovomits secret service*. Double capital Z’s resemble the German ss troops arm band.

        Hmmm.. I wonder if Ovomit will issue *his troops* arm bands.

        Like

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