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Can Government Really Decree Itself “Above the Law”?


We’ve gotten pretty used to the federal government doing whatever they want with little regard for whether it’s legal or constitutional. But, most of us think (or want to think) that our local government (the guys we know personally) are not like that.

Sorry, think again!


In a recent incident a sheriff’s deputy came on to private property, pulled his weapon and threatened to shoot the owner. The deputy then proceeded to search the owner and his vehicle without a warrant, cause, identification or even an announcement.


This was obviously a constitutional violation but the deputy indicated that he was not impeded by the constitution. The owner was arrested and jailed. All charges were later dropped. The Texas Attorney General was helpful in preparing a Public Information Request (PIR). However, the sheriff simply ignored the lawfully filed PIR. The AG advised filing a complaint with the District Attorney. However, the DA simply ignored that complaint. A complaint against the DA was then filed.


The sheriff was in violation of state law by not complying, within the legal time limit. The Sheriff had recently stated that his officers were using body cameras that would, in most cases, exonerate his deputies. Yet, with potentially 4 cameras (two officers, two vehicles) the Sheriff failed to provide any data and he failed to file a request for waivers with the AG . The DA was in violation by not replying to a citizen complaint.


A trusting, tax-paying citizen would expect that our huge tax-payer funded government would provide some avenue for justice in such cases. He would be wrong! When it’s all said and done the person in charge of addressing issues with the DA is actually the DA himself!


The Attorney General will investigate the complaint but only if invited to by the DA!

One might believe that the state reps and state senator could surely help. Reps Bell, Keough & Metcalf, as well as Senator Creighton, were asked to weigh in. They (as well as the Rangers, FBI, Governor, County Attorney, AG etc.) seem to concur that Government is only accountable to it’s citizens if it chooses to be (and, it seems, it usually doesn’t)!


And, government can decide whether it wants to follow its own laws. So, for sheriffs and District Attorneys (and probably for any state or local agency) state laws, that citizens must abide by, are purely optional. Government is, indeed, above the law if it says it is!

These events all occurred in Grimes County. Sadly, communications with Sheriff-elect Rand Henderson suggest that “Freedom” would not have fared better had this occurred in Montgomery County! We’ve also not seen the promised action regarding “unethical conduct on the part of a peer” (County Citizen questionnaire, Candidate Answer #9 Ethics). Next time you bump into your Sheriff or DA asks them which state agency oversees their actions.


You’ll probably be surprised by their answer!

Dennis Tibbs

Magnolia, Texas (936-321-9977)

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