Oh, you didn’t think the story of Crazy Boy Christopher was done, did you?
You can read Judge Graves full Summary Judgment opinion here (warning PDF). El Som posted the conclusion yesterday, but I found one particular argument that the “Sheriff” made in his legal brief, and one particular reaction from a supporter of the teabagging-Woody-Toy-Action-figure-come-to-life to be particularlly revealing.
From the opinion:
The Sheriff’s attempt to rely on other state courts’ interpretation of the phrase
“conservator of the peace” fails because it is not at all clear that the term “conservator of the peace” as used in the Delaware Constitution creates a right or recognizes a right to engage in law enforcement activities in the office of sheriff. Had the framers of the constitution chosen to limit who was a conservator of the peace to only the office of sheriff, the Sheriff would have been dealt a better hand of cards. But, the framers of all of our constitutions referenced many office holders in our government as being conservators of the peace. There is no authority to suggest or infer that the framers intended, at various times in the history of our state, that chancellors, judges, senators, representatives, the Attorney General, as well as county treasurers, secretaries, clerks of the court, registers, recorders, coroners and sheriffs would all be law enforcement officers with the authority to investigate and make arrests.The designation of so many different offices as being a conservator of the peace leads the Court to the obvious conclusion that being labeled a “conservator of the peace” in our constitution means nothing more than the office holder is a constitutional officer involved in governance tasked with keeping the peace or the “normal state of society.”
Mr. Christopher, being a Tea Party conservative, supports the notion of State’s Rights, i.e. that each state is sovereign and entitled to fashion its own Constitution and laws and not be subservient to the federal government or other states. And there he is, in our courts, using other state’s laws to try to interpret our state Constitution more favorably to support his position. Of course, he had to go outside our state because no case law from our courts supported his position, but still. That just proves that Christopher is willing to do whatever it takes and use whatever argument he can to gain power. If Mr. Christopher wanted police powers and play cops and robbers he should have joined the State Police, or the police deparments of one of our cities and or towns.
In the News Journal article, one of Christopher’s supporters, Ken Currie, a Sussex retiree (aren’t they all?), was of course disappointed with the ruling.
“There’s something not quite right with being out of step with the other 49 states, much less a number of other sheriffs who have been prominent in leading the fight against federal intrusion,” he said.
Well, Ken, since you are Teabagger it is understood that you lack education, so let me inform you of the facts: Several other states do not have county sheriffs with police powers. Alaska and Connecticut do not have County Sheriffs at all. In Pennsylvania, New York and California, the duties of the County Sheriff vary from county to county, and in some counties, they serve just as they do in Delaware, as the enforcement arm of the Courts, serving subpoenaes and summons, serving other court papers and posting foreclosure and eviction notices. This is also true in Maine, Massachusetts, and Vermont. The truth is each state has chosen to empower the office of Sheriff differently. That is their right as states. And who the hell are you, Mr. Currie, and you, Mr. Christopher, to try and change that in Delaware? As a State’s Righter, Mr. Currie, and Mr. Christopher, you should celebrate the fact that Delaware is different, instead of making up “facts” to lament that you don’t have your own Sheriff Arapaio.
And Mr. Currie, please familarize yourself with the Supremacy Clause of the U.S. Constitution found in Article VI, Clause 2:
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
That means that Federal law trumps state law and county law and local law. Federal law is the supreme law of the land. We fought a Civil War and spent hundreds of thousands of American lives resolving this issue. Federal law is surpeme. State law is subservient to it if state law and federal law conflct. That is our system. If you do not like our American system of government you are free to leave. I am sure in some libertarian dystopian hellscape like Yemen or Somalia you will be left alone by the central / federal government.
Of course, while this opinion seems pretty solid, Christopher will of course appeal to the Delaware Supreme Court. That will be his last court to appeal to as the U.S. Supreme Court will not get involved in interpreting a state’s constitution for it. His supporters, on the other hand, including some own family members, seem intent to “cleansing” the Sussex County Republican Party of any dissenters, starting with Frank Knotts.
![579043_434551959955686_83838874_n[1]](http://farm9.staticflickr.com/8088/8573851165_a664ce6791_c.jpg)
I still believe that Christopher is hung up on the term “Sheriff.” They should change the name of the office to “Court Functionary” or risk attracting more loons that who can’t grasp that concept that words have various meanings depending on differing customs and usages.
I never expected that from Ricky. http://4.bp.blogspot.com/_20DYbg_WpcI/S83aFNnE1XI/AAAAAAAAAI4/6Xu4fi_omEs/s1600/ricky.bmp
Rickrolled!
In others news – Christopher promised to leave Delaware:
So this is Day 1 of the “Jeff Christopher leaves Delaware” watch.
In a country with a weaker central government, Christopher would be a local warlord. Because when you come right down to it, that is his aspiration. Why do you think these guys want a weaker Federal government?
The fact that Christopher would call Sussex, out of all 3 counties, “Godless” is probably the scariest thing about him, and that’s saying a lot.
If you listen to the interview, Christopher also talks about calling the Sheriff’s office to find out how to donate to his defense fund. That’s illegal under Delaware law. Elected officials can’t raise funds or collect money in their offices.
I am willing to contribute to Christopher’s exit strategy. Do I call the sheriff’s office or is there a website for that?
The reason there is so much God in his interview is that Christopher and his supporters are really engaged in a holy war to take their country back, yadda, yadda. If you examine the slogans that are used, from the marxist/socialist ones to the 2nd Ammendment remedies, to Bodenweisers putting bibles back in schools, those memes all invoke an image of Christian soldiers off to war. Christopher is merely the local leader of such an army. The problem is, who are they waging war upon? I have a feeling it’s the Godless liberals and deviants. Fortunately, I’m not a Goldess liberal and I try to keep a low profile on the other.
Still if Christopher wants to lead his people to rise up, shed the bonds of tryanny, and trek on over the Promised Land, I think it would be in the best interests of community and the nation to help him in that endeavor.
It’s really very simple.
These are folks who believe that John Wayne movies define “constitutional.”
How does one listen to the WGMD interview?
Christopher’s WGMD interview was tame, the juicy interview was done with Dan Gaffney on delaware1059.com, go to “Podcasts.”
Here is a direct link to the Christopher Podcast
One minute in he is accusing Delaware judges of being corrupt. He understands the law and the definition of Sheriff held in rest of the country should prevail.
The state legislature cannot overrule God’s law.
Hilarious
The WGMD site is total shit. their geocities template needs work.
This guy really hates Frank Knotts. Basically, Knotts and Coons are behind a “tyrannical movement” to enslave Christopher’s children.
If you don’t support a theocratic Sheriff who only reports to Jesus, you are a liberal.
Welcome to all you newly minted liberals.
Christopher’s exit strategy depends on Mitch Crane recruiting a good candidate for next year that sane Rs can support in November. You got somebody, Mitch? This is not one of those cases when the Sussex Dems should wait for someone to fill the ballot line after the filing deadline. The campaign needs to start this year. We can’t count on the GOP to take JC out in a primary.
We need someone who’ll promise to fight to abolish the office and put him/herself out of a job.
My takeaways from the interview:
-The County Sheriff is a position that answers only to Jesus, because that’s how it works in “the rest of the country.”
-The authority of “the rest of the country” is second only to Jesus.
-Christopher hates Knotts.
-If the County Sheriff’s powers are limited in any way, you lose the right to own a gun because…Jesus and/or the rest of the country.
-Right now the County Sheriff is the only thing stopping Chris Coons from enslaving your children.
-Christopher doesn’t know the difference between overheated wingnut gibberish and a valid argument.
Wow. This guy is batshit insane. He effectively is declaring himself a law unto himself.
That’s that. I don’t spend another penny in Sussex County until this shitball is gone.
Whoa, that’s a bit extreme. There are many fine places in Sussex County, all of them east of 113. They deserve your support because, well because they are fine places that’s why.
Espuma in Rehoboth Beach for instance is a real gem!
Don’t want to spend your money in Western Sussex? I’m down with that. There’s nothing to buy there anyway, but the beach is really too good to boycott just because we have the Son of Jesus for a sheriff. He really never gets out to the beach anyway, because it has gays, and everyone knows it’s contagious. And when he is forced to go because of his duties, he washes his hands very thoroughly afterwards, just in case you know.
@SW
I agree there needs to be a viable candidate who can start doing the ground work necessary for the next election. Someone should get with Pete. It’s his stomping grounds and he is retired law enforcement. He should know of somoene who might fit the bill for the sane members of the GOP in Sussex.
Sheriff Christopher will not be unopposed if he should choose to seek re-election in 2014. His defeat of Democrat incumbent Eric Swanson was a mistake most people now realize. The Sussex County Democratic Party will field a well-qualified and electable candidate. I understand there will be a Republican primarying Christopher too. His election in 2010 was an abberation. He won as part of the Christine O’Donnell sweep in Sussex. The Republican turnout was much larger than normal and the Democratic Party did not give proper attention to row offices. Neither will re-occur in 2014.
As the Sussex County Democratic Party Chair (for 10 days now) let me state that this is a great county and their are great people who live here. Some may not vote right, yet, but even in the most conservatice sections of western Sussex, Democratic candidate still receive over 45% of the vote. Quite frankly, I just returned from a legal seminar in West Chester, PA, the town I grew up in and served 16 years in office. I could not wait to return home. I chose to move to Sussex County 12 years ago and I have never regretted it. There are great and caring people here east and west. SOme hard work and education, and actually paying attention to local issues, will change election outcomes.
“libertarian dystopian hellscape” is teh awesome.
It sings “make me a video game.”
Give ’em hell Mitch.
ok… this is going to get interesting
Ken Currie is a member of the “illegal” sheriffs posse – so there is his take….. and slant
I cant WAIT to see the good sheriff pack his shit and leave Delaware
but, Id rather see him arrested and get his shit packed….oh I didnt say that……….
and one of his election promises was to NOT INCREASE the bill to the taxpayer – yet he has done NOTHING BUT THAT
Wolfgang will run him again, I am sure……dont think the Rs will tho
he has given them a big black eye
PS – DSP would not touch him with a 10′ foot pole – then or now – his “past” was less than savory and given some of the asshole and idiots they hired in the past, his must be pretty bad
the only job he could get was in one-horse towns that didnt look too deep in his HX
Don’t worry Geezer you hardly ever see the Sheriff or his posse out and about. Plus, we have a James Beard rising star chef award nominee in Sussex again this year,though he failed to make the finals. Hari Cameron still turns out a fine plate of vitals.
support the east side of Sussex!!! – the Deputy that delivers the papers at the beach there is Gay and is a wonderful human being
how they lasted under this prick is only because she is a very very competent person – she should be the next sheriff
time for a gay female in that office!!
has years and years of experience too – wonder if she can be talked into it??? she hates politics tho
And after Hari’s place, go next door for a nite cap at the Seafood Shack – and yes, the name is deserved (primarily the shack part)!
@Geezer – remember, the sheriff’s office is only open M-F
from 8-4
so,boozing it up in Rehoboth on a Saturday night should never be an issue….
and HOW was he going to protect the public again???
Does anyone know what, if any, is the legal procedure for removing a sheriff from office if he is behaving illegally? If this sheriff has been acting beyond the scope of his jurisdiction and maintains his right to do so, then his illegal actions were not mistakes and he is incorrigible. He should be removed from office for violating the law, assuming a law and procedure for removing a sheriff exists. Does anyone know?
Dana: There is no recall procedure in Delaware. Voting him out in 2014 is the only option.
No , no recall but the delaware constitution of 1897 article VI says
Section 2. The Governor and all other civil officers under this State shall be liable to impeachment for treason, bribery, or any high crime or misdemeanor in office. Judgment in such cases shall not extend further than to removal from office, and disqualification to hold any office of honor, trust or profit, under this State; but the party convicted shall, nevertheless, be subject to indictment, trial, judgement and punishment according to law.
So having him arrested if he commits a crime seeing as this is 2013 and the election is 18 months away
That might be quicker
The psycho rate he is going he might get committed first
Basically Dana, the man has no balls, Vance was aiming at nothing
He himself has not pulled folks over etc….what he does is get OTHERS to do all his dirty work for him.
He is smart enough to insulate himself from illegal actions and have others take the fall
Remember his deputy that was padding his time sheet- the sheriff had all his deputies on pretty much forced OT attending SUSSEX CO GOP meetings and sussex county council meeting and going out to churches and
Nursing homes and community centers
These duties were COMPENSATED for these things. On our tax dollars!
He has refused FOIA requests and would not turn over certain accounts to the county to review. luckily , there is oversight on he much he can spend without another signature
But he has nickeled and dimes the sussex taxpayer to death and certainly has been unethical.
If he is using the county cell to raise money, which I have NO doubt he is, or the office phones either
He is certainly unethical, no doubt about it
But it’s OK, he is protecting us against the dirty liberals and doings GODs work
Fuc****ng clown
“He has refused FOIA requests and would not turn over certain accounts to the county to review.” Has anyone reported his lack of compliance with FOIA requests to the AG’s office for their review? I’d love to see the records of him sending officers to GOP meetings and churches. I doubt that falls within his jurisdiction and is possibly for that reason illegal.
Lawyers help me out – thinking about this from an employment law perspective, Christopher is arguing that his boss (the county council) does not have the right to hold him to his job description because his job title contains a word with supernatural/constitutional/religious significance.
When the courts don’t buy that argument it is proof that they are corrupt.
no Jason – his bosses are the PEOPLE – or GOD depending on what day it is in his crazy world
he definitely believes that the County Council cannot and has NO authority to proscribe anything to him as he is an elected Constitutional officer!!
Problem is – they control the purse stings – wonder if he thought about setting up his operation separate and apart from the council, hmmm wonder if that is next!
DANA – for political reasons the DOJ wont touch any of this with a 10 foot pole and neither will the county – all about the politics – but they don’t want to make him a martyr – he, with absolute certainty, has violated FOIA – NO DOUBT THERE!!
actually, come to think of it, I actually have his responses to FOIA – wanna see them??? – they are pretty funny or pathetic – I got a copy some time ago and just hung on to them….
perhaps then they could be published for all to see?
Send ’em in.
on their way!!
Jason – check your gmail – i sent them
Thanks.
“Problem is – they control the purse stings – wonder if he thought about setting up his operation separate and apart from the council, hmmm wonder if that is next!”
The Sheriff himself is separate and apart from the council but staffing, equipment, etc. is all county provided. I would imagine that is a condition of all row offices. When you get elected you get a title and salary and nothing else. Anyone know off hand what the salary is for the sheriff?
May I see them as well, Aoine?
The salary is about 15k
It’s a part- time job
Bet u all did not know that!
Dave
Can u email Cassandra here – we can proxy thru her
I can’t post them here due to privacy issues….. 🙁
Are row offices in Delaware actually categorized as part time or full time? I know the legislature only meets part time, but the office takes what it takes as far as hours. Is there an official source that talks about those charactertistics for row offices?
The total salary for the entire office in 2013 is $443,136. Not sure how many staff and deputies there are though.
Dave,
As the row offices are county offices not state offices that information would vary from county to county
I do know about Sussex only- the budget for the sheriffs office is online
If you want to put up a blind email I can send those things you want with names redacted. You r call 🙂
part-time.
Thanks Venus!
New Castle County is part time too, even the NCC President. That’s alot of work.
It seems that the right wing is ripping each other apart over the sheriff debacle
Jonathon Moseley part of the anti Sheriff campaign is Route 1 PAC funded by a one time donation of $100,000 made by David Anderson to Jeff Cragg. By the way Route 1 PAC also funds DelawareRight where Frank Knotts has his blog. Route 1 PAC has already been investigated last Oct by the Elections Commission for misuse of campaign funds. I hear they are soon to be under investigation again.
The David Anderson mentioned is not the one from the blog- but some ridiculous TEABAGGER that takes out full page ranting ads in the Cape Gazette- oh well
Aoine,
Check your slush fund please.
If Moseley is part of any sheriff thing, it’s pro sheriff. Mostly he is a small fish who plays in a small pond because he doesn’t fit in a larger pond like Virginia.
Does anyone read those full page ads? If so why?
Slush fund is a little emptier……on its way. – redacted. 🙂
Oh – punctuation is all important
It should read. ” jonathan Mosely , – part of the anti- sheriff etc……
It’s ADDRESSED TO MOSELEY, not that Mosely is anti- sheriff
Thanks Aoine. It’s interesting how he refers to himself using the word “sovereign” to assert that he exercises supreme authority. There are many other folks throughout history who have employed similar phrases. Civilization has manage to survive all of them thus far. I am confident we will survive this one as well.
18 months and counting.
I believe the full-page ad guy is Daniel, not David, Anderson.
Absolutely Dave- tie that in with the language of the “SOVEREIGN CITIZEN MOVEMENT” and the result =SCARY!
Many many many of my republican friends will be doing all they can to jettison this piece of baggage
I support that effort……but I won’t forget WHO brought him into the fold either- they have a lot to answer for.
@geeaer. Yes you are right
I copied that word for word from a post at DP- I refuse to link to them…….
And I should have corrected it- course I could spend a lifetime correction what they have wrong…….
Read another of his , DANIEL Anderson, full page tirades this AM
WHAT A CLOWN BUT GLAD HE SUPPORTS A LOCAL BUSINESS…..
Ahh, now I know someone reads that whole page. I read one once, but it was not very enlightening about much of anything, so now I blow by it and silently thank him for his support of the local economy. The Cape Gazette is a great local paper and Mr. Anderson is kind to support it and the area.
Aoine bullshit the post in question has Dennis Anderson not David Anderson. Your post was then taken over to DR to stir up trouble with the person who made the original post in DP.
Daniel Anderson is a mega-donor to local and statewide DE GOPer campaigns and PACs as noted above.
He personally supported the majority of funding for at least 3 conservative PACs and was the sole supporter of at least one of them along with giving the maximum for individual campaign contributions.
Jeff Cragg’s staffers were obviously paid PAC employees for a portion of the 2012 election year. I had several phone and written discussions about it with NJ reporters and DEDOE and placed an inquiry in writing with the Dept..
But the Dept. of Elections eventually accepted Cragg’s weak tea explanations. I was told that Cragg’s phone call to them was sufficient response.
I got this information from a returned phone call by the Commissioner herself but when I asked for a written response from Cragg to my email to the Dept., it simply was never produced.
“Your post was then taken over to DR to stir up trouble with the person who made the original post in DP.”
What a hilarious charge. “Stirring up trouble” has been the point of the entire issue. You’re really going to pretend that these bored, stupid, dying old farts need someone outside their delusional noggins to “stir them up”?
Assclown County illustrates why these people hate immigrants — who needs the wretched refuse of someone else’s teeming shore, when every peckerwood district of America is already full of homegrown wretched refuse?
Nancy: Why should we prevent these people from wasting their money? If they want to piss it away on self-delusional chawbacon candidates, let ’em at it, says I.
da fat wop fnly shwz hz tru clrz
What do you mean, “finally”? I have always considered you people the perfect refutation of the theory of white superiority.
Congratulations, though, for proving my point by dropping in the “wop.”
Unlike ethnicity or sexual orientation, being a peckerwood is a choice.
gnrt ll l zzmn lve lw d cnl wp frm phl nt nttn bt ngng pzn s pckrd crk
One more time, expose, and you are done.
And it’s funny how Expose’ sounds exactly like the person screaming liable and slander and calling out name calling over at Frank Knotts’ blog. Then again, all these sheriff supporting nut jobs sound alike.