On this episode of Everyday Injustice, host David Greenwald speaks with journalist and legal scholar Jessica Pishko about her acclaimed book The Highest Law in the Land, a deep dive into the growing political and institutional power of elected sheriffs in the United States. Pishko explains how sheriffs—often overlooked in criminal justice reform circles—have quietly become key enforcers of a right-wing populist agenda, rooted in a dangerous blend of electoral legitimacy, constitutional distortion, and unchecked local authority.

Pishko, whose book has become increasingly relevant amid the Trump administration's renewed embrace of “tough-on-crime” policies and anti-immigrant enforcement, shares how her reporting evolved over time. Initially approaching the topic as a straightforward study of criminal legal institutions, she soon realized she was documenting something far more urgent: the rise of a far-right movement within law enforcement, powered by sheriffs who see themselves as the ultimate arbiters of the Constitution—especially its Second Amendment—and defenders of an idealized, exclusionary vision of America.

The conversation touches on the alarming resurgence of programs like 287(g) task force agreements, the disproportionate policing and incarceration of poor, rural, and white communities, and the disturbing feedback loop between constitutional sheriffs and Trump-era authoritarianism. Greenwald and Pishko also discuss the moral and political implications of an elected law enforcement official wielding both symbolic and literal power, often with little oversight and immense local control.

Pishko’s thesis is both clear and controversial: the office of sheriff, as it currently exists, should be abolished. Drawing on a mix of legal history, investigative reporting, and on-the-ground interviews, she argues that reform has proven inadequate in the face of a deeply entrenched and ideologically driven system. As she puts it, every attempt at reform is met with a backlash "50 times the ask." This episode offers a chilling but essential look at how rural law enforcement has become a front line in America’s ongoing battle over democracy, race, and power.

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