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The Highest Law in the Land by Jessica Pishko
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The Highest Law in the Land

How the Unchecked Power of Sheriffs Threatens Democracy

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Narrator Nan McNamara

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Length 14 hours 26 minutes
Language English
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Shortlisted for Columbia Journalism School’s J. Anthony Lukas Prize

A Publishers Lunch NonFiction Buzz Book| Named Most Anticipated by Los Angeles Times


A leading authority on sheriffs investigates the impunity with which they police their communities, alongside the troubling role they play in American life, law enforcement, and, increasingly, national politics.

The figure of the American sheriff has loomed large in popular imagination, though given the outsize jurisdiction sheriffs have over people’s lives, the office of sheriffs remains a gravely under-examined institution. Locally elected, largely unaccountable, and difficult to remove, the country’s over three thousand sheriffs, mostly white men, wield immense power—making arrests, running county jails, enforcing evictions and immigration laws—with a quarter of all U.S. law enforcement officers reporting to them. In recent years there’s been a revival of “constitutional sheriffs,” who assert that their authority supersedes that of legislatures, courts, and even the president. They’ve protested federal mask and vaccine mandates and gun regulations, railed against police reforms, and, ultimately, declared themselves election police, with many endorsing the “Big Lie” of a stolen presidential election. They are embraced by far-right militia groups, white nationalists, the Claremont Institute, and former president Donald Trump, who sees them as allies in mass deportation and border policing.

How did a group of law enforcement officers decide that they were “above the law?” What are the stakes for local and national politics, and for America as a multi-racial democracy? 
 
Blending investigative reporting, historical research, and political analysis, author Jessica Pishko takes us to the roots of why sheriffs have become a flashpoint in the current politics of toxic masculinity, guns, white supremacy, and rural resentment, and uncovers how sheriffs have effectively evaded accountability since the nation’s founding.

A must-read for fans of Michelle Alexander, Gilbert King, Elizabeth Hinton, and Kathleen Belew.

Jessica Pishko is a journalist and lawyer with a JD from Harvard Law School and an MFA from Columbia University. She has been reporting on the criminal legal system for a decade, with a focus on the political power of sheriffs since 2016. In addition to her newsletter Posse Comitatus, her writings have been featured in The New York Times, Politico, Rolling Stone, The Atlantic, The Appeal, Slate, and Democracy Docket. She has been awarded journalism fellowships from the Pulitzer Center and Type Investigations and was a 2022 New America Fellow. A longtime Texas resident, she currently lives with her family in North Carolina.

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Reviews

Praise for The Highest Law in the Land
“As this nation seeks to make sense of the alarming rise of far-right extremism as well as the excessive power and everyday abuses of law enforcement, Pishko’s latest study of American sheriffs is a startling must-read. As she makes clear, these threats to our democracy are inexorably connected—sharing not just insidious ideologies and ugly practices, but also extraordinary power and popularity. That local sheriffs drive this recent and most pressing danger is something that we overlook at our peril.”—Heather Ann Thompson, Pulitzer Prize-winning author of Blood in the Water: The Attica Prison Uprising of 1971 and its Legacy
 
"Blending superb reportage and indispensable history, Jessica Pishko’s book could not be more timely. The Highest Law in the Land is essential reading for anyone concerned about the unbridled power of law enforcement in 21st Century America. An absolutely fascinating and harrowing read.”—Gilbert King, Pulitzer Prize-winning author of Devil in the Grove
 
“Eye-opening account of the modern-day American sheriff”—Linda Greenhouse for New York Review of Books

“Deeply researched, wide-ranging, and explosive, The Highest Law in the Land lays bare the troubling history of the fringe movements whose self-proclaimed authority and unorthodox interpretations of the Constitution are threatening to enter mainstream American political life.  Jessica Pishko has delivered a most timely read for our troubled times.”—Scott Ellsworth, author of National Book Award Finalist The Ground Breaking: The Tulsa Race Massacre and An American City’s Search for Justice
 
"Deep reporting and even deeper intelligence mark this invaluable contribution to the chronicle of our decaying democracy. Jessica Pishko is brave, indeed, taking on the metastasizing movement of little big men who call themselves 'constitutional sheriffs,' and use their legal delusions to promote white supremacism across the country. But The Highest Law in the Land reaches beyond the current crisis to reveal how the very idea of the sheriff, like the 'sheriff's president,' Donald Trump, wages war against the hope of democracy. Read this essential book to preserve that hope, and to stay safe on county roads."—Jeff Sharlet, New York Times bestselling author of The Undertow: Scenes from a Slow Civil War
 
“In her new book The Highest Law in the Land, Jessica Pishko shines a much needed spotlight on the right wing extremism brewing in Sheriff's offices across the country and asks the tough question about whether we still need this inherently problematic institution.”—Alex Vitale, author of The End of Policing

"Sheriffs are the most powerful, terrifying, and fascinating elected officials in America today - and no one knows more about them than Jessica Pishko. Pishko is a remarkable storyteller and a brilliant journalist who has spent years trying to untangle the growing extremism in law enforcement. Whether you care about the criminal justice system or just love a good story, I absolutely guarantee you will love this book.”—Josie Duffy Rice, host of Unreformed

“Thanks in large part to Hollywood, the American sheriff has often been regarded as either a bumbling figure of comic ineptitude or a towering protector of virtue and justice. Jessica Pishko tunnels deep into the myth and emerges with a harrowing expose' that not only dispenses with those stereotypes but reveals a disturbing and dangerous state of affairs. With Pishko's impeccable research, The Highest Law in the Land sounds a dire warning that every American should heed.”—Doug J. Swanson, author of Cult of Glory: The Bold and Brutal History of the Texas Rangers
 
“Jessica Pishko is the leading authority on American sheriffs.”—Emily Bazelon, author of Charged: The New Movement to Transform American Prosecution and End Mass Incarceration
 
The Highest Law in the Land is intensely reported and beautifully written. Jessica Pishko's debut offers a scathing examination of how sheriffs’ departments became the scandal-plagued agencies they are today, and what to do about it. If you don't care about elected sheriffs, this book will make you want to.”—Keri Blakinger, author of Corrections in Ink: Dispatches From an American Prison
 
“An exhaustively researched, essential book that unearths the deep historical roots of law enforcement radicalization and helps makes sense of our current moment. A must-read.”—Ali Winston, journalist & co-author of The Riders Come Out At Night: Brutality, Corruption & Cover-Up in Oakland

“It might be painful to confront how the American myth of the sheriff, that righteous figure in a cowboy hat, has curdled into partisanship and White supremacy. But Jessica Pishko is here with eye-popping scenes and deep dive history to show us that sheriffs have long been local powerbrokers, often above the law even as they claim to enforce it. She shows how and why they're becoming the Trumps of their own communities. Anyone concerned about the future of policing and justice in America should read this book.”—Maurice Chammah, author of Let the Lord Sort Them: The Rise and Fall of the Death Penalty

“Wherever you live in America, chances are that a sheriff has far reaching influence in your community. Jessica Pishko’s “The Highest Law in the Land” reveals the inner workings of an often-unbridled power structure deeply embedded in the history of America and its legacy of White Supremacy. Deeply reported and researched, Pishko’s book gives us a clear-eyed view of the burgeoning Sheriff’s far-right movement. I urge anyone who cares about preserving our democracy to read this book.”—Melissa del Bosque, author of Bloodlines: The True Story of a Drug Cartel, the FBI, and the Battle for a Horse-Racing Dynasty

"It’s an intelligent, compelling narrative assaying the influences of toxic masculinity, gun culture and rural resentment, and the empowerment of sheriffs who declare themselves the ultimate arbiters of what is legal in their jurisdictions."Los Angeles Times, 30 Books to Read This Fall

"A damning exposé of the rise of “constitutional sheriffs,” a law unto themselves.... A fluent, well-reasoned contribution to the movement to reform policing in America."Kirkus

"The dangerous implications of [the "constitutional sheriff"] animate Pishko’s sober, fascinating analysis."Booklist Expand reviews