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Speaker 1: What's going on? Thank you so much for listening to

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smartphone or tablet, and again, thank you so much for

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your support. I want to welcome back to the program

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Andrew Dunn. He is a contributing columnist at the Charlotte

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Observer and also the publisher of long Leaf Politics. You

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can read that work at long leafpo l dot com

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and subscribe to the newsletter there. Andrew, how are you, sir?

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Speaker 2: I'm well, good to be back with you. Thanksgiving.

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Speaker 1: I did I did not quite the four generations that

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you wrote about at long Leave Politics, but so that

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was that was good? And so yeah, what was your

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because you did write a piece this I thought it

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was very good. I enjoyed it. So what was the

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sort of the lesson that you took away from you know,

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the ability to have what was it you said? Four generations?

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So what your grandfather or great grandfather, who all was there.

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Speaker 2: Yeah, it was just a wonderful time. We had everybody

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from my seven month old niece I'm now an uncle,

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which is fantastic, and then we had my ninety one

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year old grandma. So wait quite the range. But you know,

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really it was just a great time to kind of

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unplug for a few days and relax. And you know,

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I'm sure that all of us had different political thoughts

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and whatnot, but it just never came up. You know,

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what we were focused on was being together with family

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and given thanks. And you know, if everybody could do

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that more often, I think we'd be in a better place.

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Speaker 1: Yeah. Say, I went down to Atlanta, was with my

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brother and his wife's extended family. We do that every year,

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and same thing. I know there are people, you know,

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in that family that have very different political views than

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I do. When we never talk politics, it never comes up,

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and nobody tries to needle each other. But I guess

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if you've got family members that want to antagonize, I

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guess it would be a different story. But I didn't have.

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There's nobody in the family that does that.

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Speaker 2: Yeah, thank goodness.

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Speaker 1: Yeah, so all right, and now we did not. A

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topic that did not come up, but was all over

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Charlotte media for the week prior to Thanksgiving was Operation

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Charlotte's Web. We talked a little about it before Thanksgiving,

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before last week, and you've written quite a few pieces

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about this at Long Leave Politics, but also with the

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Charlotte Observer. You wrote your first newspaper column. You talked

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about why you were not a fan of the masked

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agents and the unmarked vans. You wrote about then the

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case that immigration enforcement, including deportation, is necessary and it's

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moral as well. And then you have a piece at

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Long Leave Politics how border patrol raids changed the North

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Carolina political landscape. So I will ask how so.

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Speaker 2: Yeah, I won't talk politics at Thanksgiving dinner, but I

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love talking politics with you.

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Speaker 1: Thank you.

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Speaker 2: Yeah, so, how it changed the political landscape? I mean,

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basically I had three takeaways here. You know. Number one

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is it really seems to me that the kind of

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shock and awe smash and grab raids are a political loser.

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You know, I get that I may be a little

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skewed in my perception living here in Charlotte, but I

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do my best to get outside the bubble as much

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as possible. And it does seem to me that that

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sort of operation just kind of makes people uncomfortable, especially

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you know, in unaffiliated voters, the suburban voters that tend

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to be are the swing voters in our elections. People

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just don't love to see it.

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Speaker 1: Yeah, no, I'll confirm that for you. People that are

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not political at all, And even if they want the

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border closed and they want the criminal aliens deported, what

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they saw made them feel uneasy, right, And.

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Speaker 2: Some of it is I think the Trump administration likes

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to play up the drama a little bit, and that

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certainly doesn't help when you're really leaning into it. You know,

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President Obama deported a lot more people, but he never

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went out and did press conferences on it. He just

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kind of did it, and nobody seemed to care. But

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that brings me to point number two, which is this

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is actually a bigger shift than I think a lot

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of people give it credit for. Is that the conversation

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has completely changed. You know, six months ago, there was

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a debate on whether law enforcement should cooperate with ICE

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at all. You know, we've talked about this all the time,

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where you know, Sheriff McFadden here in Mecklenburg County kind

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of campaigned on not cooperating with ICE and not turning

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people over, and now after Charlotte's Web, it seems like

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that position is just completely untenable. That even Democrats, even

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the left side of the aisle, is now saying, all right, well,

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we're okay with deporting criminals, We're okay with handing them over. So,

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you know, I think that's an opportunity for the General

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Assembly in North Carolina to really push on that expand

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the list of crimes that make people eligible for deportation.

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And it seems kind of obvious, but I think anytime

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somebody is brought to the jail there should be a

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determination of their legal status in this country. I don't

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know why you would limit that, you know, to certain

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classes of folks.

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Speaker 1: Yeah, well, hang on, you know why.

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Speaker 2: Well, okay, I do know why. But it doesn't make

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any sense.

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Speaker 1: Yeah, well it does if you don't want to anger

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an activist base, right sure, And that's what the I mean,

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that's what guys like Gary mcfaden ran on in twenty eighteen.

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It was an explicit promise to get rid of the

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two eighty seven g program. So they would not know

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who's coming into the jail, so they would and not

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be able to cooperate with ICE. That was explicit, and

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all of his actions since then have been in line

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with that campaign promise. So credit where it's due. He is,

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you know, he is fulfilling his campaign promise.

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Speaker 2: Well, I guess you got to give him credit for that.

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But yeah, I mean, now is the time to really

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put pressure on that because I don't think anybody can

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be front and center saying they're not going to cooperate

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with ICE for people arrested and brought to the jail.

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That's a non starter now.

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Speaker 1: Yeah, all right, And then also the third component here

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the businesses e verified specifically, I was surprised that you

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found only five e verify enforcement actions since twenty seventeen,

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and that's in North Carolina.

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Speaker 2: Alone, exactly. Yeah, So the North Carolina Department of Labor

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is responsible for enforcing the e verify law, and North

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Carolina has a really weak everify law. You know, some

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states have started to go in to requiring all employers

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to use it, but North Carolina still only requires, you know,

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employers of twenty five or more to use everify, and

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that makes it incredibly easy to work around it. You know,

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if you're a contractor, you use subcontractors and everybody falls

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under the twenty five employee threshold, so nobody is checking it.

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But I have to believe that there are some businesses

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that are violating this law, you know, just driving around

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the state. You know, it seems to be quite clear,

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but I don't know what the exact issue is. My

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guess is that the Department of Labor just doesn't have

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the resources to actually enforce this, and I think that's

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probably by design. I mean, I think there's a lot

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of folks who give money to the General Assembly who

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do not want tight enforcement of this law.

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Speaker 1: Absolutely yeah. I mean that's always been going back, you know,

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twenty five years when immigration sort of exploded as a

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national issue the first time, with the path the citizenship

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and all of that. Right, there was this alliance between

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people who wanted you know, open borders for I guess

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what they thought were, you know, the potential for new

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voters for Democrats, but also the cheap labor for the

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chamber and the business crowd. And that's been that alliance,

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and like to your point, I don't know if that's

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a tenable position any longer, especially in economic heart hard times, right,

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people are now looking at anybody coming across the border

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illegally as now somebody that's taking a job that they

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want to hold themselves, and so it's a harder sell.

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I think at this point. Now I did think your

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piece at the Charlotte Observer, I think this is actually

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the winning argument on open borders versus enforcement. And you

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start off the piece by saying there is nothing compassionate

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about open borders, and I think when you go through

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as you did in your piece, and you talk about

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the horrors that people go through to come across the border,

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and then once they are here, they are basically indentured servants,

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and they are and they're employed by the cartels as

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sort of the logistical support for whatever cartel operations are

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functioning in various cities. Like these people have no option

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but to stay and work illegally and have their money

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siphoned away from them and not be able to report

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abuses or crimes and that sort of stuff, because if

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they do so, the cartels will kill them, They'll kill

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their families back home. And so like, this is this

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open border idea, and let everybody in that that's not

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the morally superior position. It's not the compassionate position.

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Speaker 2: No, not at all. And we've known this for decades.

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I mean it's almost twenty years ago now. The Charlotte Observer,

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I believe, was a Pulitzer finalists for their piece called

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the Cruelest Cuts looking at the conditions, labor conditions and

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some of the Piedmont North Carolina poultry plants. And you know,

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that's exactly what you get if you have kind of

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a wink in a nod and greation enforcement and you know,

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leave the borders open and encourage people to come put

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their life at risk. And there's just no, there's no

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good argument for the arrangement that we have today. And

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I think you know at the conservative position is the

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truly humanitarian one.

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Speaker 1: Yeah, And like you mentioned, I've talked about this with

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people from like particularly the construction industry when we were

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talking about Charlotte's Web and they say, look, our job

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sites are empty. You know, Americans won't do these jobs.

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And I said, well, then create like a like the

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farm worker program, what do you call it, the Brasero's program, right,

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where like you can create something to fill these jobs.

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But the key is that you've got to have a

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legal way to do it, and you can't be undercutting

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American workers. So then employers are incentivized to go with

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the illegal labor and keep this sort of underground economy going.

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Speaker 2: Exactly. I mean, I think I don't think it's true

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that Americans don't want to do those jobs. Maybe it's

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true they don't want to do the jobs for the

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wages you're trying to pay. And that's why I think

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one of the best ideas that the Trump administration has

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had this year is increasing the fee for employers to

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use the H one B visa program. I can't remember

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what the number was they landed on, but increasing the

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cost of doing that so it's not a it's truly

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getting workers that you can't hire in the United States,

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rather than a cost saving measure. And I think we

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should bring that approach all up and down to all

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all levels of visas.

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Speaker 1: Yeah. I saw there's a some Twitter account that was

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posting all of these different ads for the H one

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B jobs, and I mean, it's obviously rife with fraud

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that companies are bringing people in and they're doing it

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in order to undercut and pay undercut American workers and

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pay lower salaries and they're abusing the system. But that

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being said, there there, you know, there can be a

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way to bring in labor if we're not filling the

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jobs with Americans. So yeah, I think that's the I

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think that's the sane and rational position. And I even

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saw people in the comment section that we're giving you kudos,

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saying and they never agree with conservatives on anything, but

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on this one, they tend to agree with you. So

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I think this is the winning argument.

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Speaker 2: Yeah. I'll tell you if the Observer comments section agrees

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with me, maybe maybe I'm on something or maybe I'm

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just way off base.

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Speaker 1: That's right, Hey, Andrew, I always appreciate it. Thank you, sir.

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We'll talk with you next week.

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Speaker 2: Thank you.

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Speaker 1: All right. That's Andrew Dunn. You can read his work

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at the Charlotte Observer. He's a contributing columnist. You can

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also get his substack newsletter at longleafpol dot com Longleaf Politics.

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so excuse me. Andrew Dunn's piece over at the Charlotte

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Observer Border patrol leaves Charlotte, but hardly sorry, but hard

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reality remains. We need deportations. That was the headline and

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wrote in this piece. When we refuse to enforce our laws,

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we haven't chosen mercy We've chosen a system that leaves

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people to die in the desert, drown in rivers, be

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assaulted by cartels, and then live in a permanent shadow

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class here in the United States. There is no honest

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path forward on immigration that does not include enforcing the law,

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and that includes deportations. That's what I said during the operation.

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You know, if you don't like the law, then you

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change the law. You don't get to nullify a law

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that you don't like. That's not how this system is

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supposed to work. It's not. And if you know, if

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you're allowed to nullify laws that you don't like, well

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you know, I've got some laws that I'd like to

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nullify as well. So who's to say just because you

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don't like the way it looks, you don't like Custom

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and Border Patrol agents coming to town and rounding up

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three hundred and seventy plus people, you don't like the

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way it looks, it makes you feel sad or something,

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then change the law. You don't get to say don't

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enforce it. But I understand like, and this is what

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Andrew was saying. Also about the optics. I get that

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I've heard it. It makes people feel uncomfortable. It makes

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them feel sad because you see the crying mom. You

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see the kid no mommy or daddy, you know, crying

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that their parent is being taken away. Which, by the

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way that scene plays out, whenever police arrest somebody for

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breaking the law and a child is present like that,

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is that that sort of thing happens all the time.

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Families are broken up whenever there is an arrest of

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one of the family members. That's what happens there. It's

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just now you're seeing it because people are videotaping it.

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They're employing the the you know, Hamas playbook. Democrats once

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again employing the Hamas playbook, which is to force the

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focus of attention onto the ramifications of the decision to

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break the law, to do something bad on the front end,

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pay no attention to that, and flip the the oppressor

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00:16:22,120 --> 00:16:25,879
oppressed narrative. And now, or if I want to go

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00:16:25,960 --> 00:16:28,840
all Darvo on you, it's the reverse victim and offender.

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The offender is the people who the offenders of the

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people who came into the country illegally. That's the initial offense.

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When they are caught and sent home, that doesn't make

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them the victim. They are still the offender. They are

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suffering the repercussions, the penalties of their offense. That's how

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that works, he said. The progressive left often treats loose

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borders as an act of compassion, but in reality they

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produce something close to law ballless cruelty. And I went

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over this about a week ago, week and a half ago,

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going through the way that the cartels use these illegal

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immigrants that they have smuggled into the country. They keep

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them indentured, they threaten them, they threaten their families, and

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then they use those people to aid the cartel operations.

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And those people have no choice but to continue working here,

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00:17:25,400 --> 00:17:29,640
staying here, sending money back to the cartels, providing logistical

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support or whatever lookout you know, support, doing whatever the

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cartel demands of them. They can't go home, they can't quit,

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00:17:38,079 --> 00:17:40,680
they can't run away. So what do you do? Well,

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00:17:41,160 --> 00:17:44,079
if we deport them, that's not really their fault, then,

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00:17:44,200 --> 00:17:46,799
is it. Here's a great idea. How about making an

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fourteen thousand acres of the Pisga National Forest, their cabins

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the Great Smoky Mountain National Park. It's the perfect balance

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memories that'll last a lifetime. We go over to the

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text line here, Alan says, we are at the end

336
00:19:03,200 --> 00:19:08,319
of the covert parts of the left's revolutions. Stopping it

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00:19:08,400 --> 00:19:11,480
and repairing the damage are not going to look pleasant.

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00:19:12,400 --> 00:19:15,680
People better come to understand that this is the result

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00:19:15,720 --> 00:19:19,079
of someone else's actions that weren't broadcast to the masses.

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Many of the masses still don't know that they opened

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the borders wide open, nor do they know why. Also,

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00:19:27,079 --> 00:19:31,200
Obama counted turnarounds at the border. Yeah, I've talked about

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00:19:31,240 --> 00:19:35,519
that that data point as well. Obama deported quote unquote

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00:19:35,559 --> 00:19:38,680
deported three million people. They called him the deporter in chief.

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A lot of the lefty activists were mad at him

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00:19:43,960 --> 00:19:48,000
for that, But those were not deportations from the interior.

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They were people coming across and then being sent right back,

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and those counted as deportations. So that's why he got

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the numbers up, you know. And also Donald Trump, you know,

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when you lock down the border, you're not going to

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have as many deportations because you're not catching people at

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00:20:07,400 --> 00:20:10,759
the border anymore because they're not coming across the border, right,

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00:20:10,880 --> 00:20:14,640
So that allows them to focus on the interior enforcement,

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and what we saw in Charlotte is what that looks like,

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and that makes people feel uneasy and uncomfortable. And that's

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why I've been saying this for the last three weeks, right,

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00:20:26,880 --> 00:20:32,240
which is I said it yesterday with the sheriff Gary

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not my fault McFadden's press release, where it's like, you know,

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00:20:35,799 --> 00:20:39,000
we didn't create this confusion and chaos and fear, and

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00:20:39,079 --> 00:20:43,319
oh no, you did. You absolutely did. The Democrat Party

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00:20:43,680 --> 00:20:46,359
under the Biden administration opened the borders. We got ten

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to fifteen million people that came across the border in

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four years. And this is what it looks like to

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00:20:52,359 --> 00:20:56,200
try to find them and get them out. And when

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you've got a guy like McFadden as sheriff that doesn't

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even want to identify somebody as a legal or illegal

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00:21:03,519 --> 00:21:07,480
alien in the jail and refuses to cooperate with ICE

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and just releases the person back out onto the street,

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then yes, this is what it looks like. And yes,

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you're responsible for creating the fear and confusion and chaos

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that the operation looks like because you did it. You

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00:21:19,759 --> 00:21:26,119
forced this operation to occur, right, You let inten to

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fifteen million people within four years, and it creates a

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backlog of any quote unquote due process proceedings. And so

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00:21:36,000 --> 00:21:39,079
the left is using this narrative, this argument that, oh,

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we have to have due process, this due process that meanwhile,

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00:21:43,920 --> 00:21:46,440
like most of the people that they've caught already had

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00:21:46,480 --> 00:21:49,920
deportation orders against them. They were not here, they were

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00:21:49,920 --> 00:21:52,160
not supposed to be here. They were told to go

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00:21:52,200 --> 00:21:54,799
home and they didn't, or they came back after they did.

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00:21:56,839 --> 00:22:01,200
And so what the argument is about due process is

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00:22:01,240 --> 00:22:05,359
to slow the process down. Get you a bunch of

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00:22:05,400 --> 00:22:09,119
court court hearings, make a bunch of asylum claims, like,

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00:22:09,160 --> 00:22:11,680
do all of these procedural things that you can do

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00:22:11,799 --> 00:22:14,559
in order to slow everything down, so you can run

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00:22:14,599 --> 00:22:18,640
out the clock on Donald Trump's term and hope that

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00:22:18,720 --> 00:22:22,200
a Democrat gets in and gives you amnesty or gives

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00:22:22,200 --> 00:22:25,720
you a path to citizenship which is amnesty right, or

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00:22:26,200 --> 00:22:29,680
goes back to the status quo where you know, don't ask,

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00:22:29,720 --> 00:22:33,200
don't tell. Basically, we're not going to enforce immigration law.

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00:22:38,279 --> 00:22:42,319
Let me see. And there's another message here from Cohen

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00:22:43,559 --> 00:22:48,920
who says, before I retired from OSHA, every time we

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00:22:48,960 --> 00:22:51,319
went to a construction site, when we parked our vehicles

394
00:22:51,319 --> 00:22:54,799
and got out and put on our NCOSH safety vests

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00:22:54,839 --> 00:22:58,680
and hard hats. Hispanic workers would actually take off running away.

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00:22:58,920 --> 00:23:02,240
We would yell at them that the were nots come back,

397
00:23:02,640 --> 00:23:06,039
but they never did until we would leave when we

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00:23:06,079 --> 00:23:09,319
did a little bit of the inspection with very few workers,

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00:23:09,680 --> 00:23:11,720
and then we would leave the site. They would eventually

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00:23:11,720 --> 00:23:13,880
come back and get back to work. And this was

401
00:23:14,039 --> 00:23:22,000
twenty years ago. Twenty years ago, you heard the story

402
00:23:23,279 --> 00:23:29,920
during Operation Charlotte's Web about Miguel Martinez. This was the

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00:23:30,039 --> 00:23:38,200
US citizen who was arrested after documenting border patrol in Charlotte. Well,

404
00:23:38,240 --> 00:23:42,319
why would you be arrested for simply documenting border patrol? Well,

405
00:23:42,359 --> 00:23:45,119
there may have been a little bit of a van

406
00:23:45,359 --> 00:23:50,119
that he was driving, jumping the median, running red lights,

407
00:23:50,279 --> 00:23:52,839
driving the wrong way in traffic as he tried to

408
00:23:53,440 --> 00:23:57,519
evade a traffic stop. Remember in the video went viral,

409
00:23:58,440 --> 00:24:03,240
he was in like a large van tearing through an intersection. Yeah,

410
00:24:03,240 --> 00:24:07,319
that was also him. Well, a federal judge last week

411
00:24:08,000 --> 00:24:14,279
partially dismissed charges, so some of the charges remain, some

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00:24:14,359 --> 00:24:16,920
of them do not. I saw people reporting this on

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00:24:16,960 --> 00:24:19,680
social media that they dropped all the charges against him,

414
00:24:19,680 --> 00:24:22,720
but that did not happen. The judge in the case

415
00:24:22,759 --> 00:24:26,279
did not drop all the charges, but he did drop some.

416
00:24:28,279 --> 00:24:32,880
The federal government brought charges against this guy, Martinez, twenty

417
00:24:32,880 --> 00:24:37,640
four years old, who was taking photos of agents at

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00:24:37,680 --> 00:24:42,160
several locations. This was on November sixteenth. That was the

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00:24:42,200 --> 00:24:46,160
second day that CPB quote roamed the city. This is

420
00:24:46,160 --> 00:24:49,839
from the Charlotte observer. Roamed the city in paramilitary gear.

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00:24:51,039 --> 00:24:55,480
How dare they be kitted up? How dare they? And

422
00:24:55,920 --> 00:24:59,480
they were questioning and stopping people in public places. Border

423
00:24:59,519 --> 00:25:03,400
patroll tried to get Martinez to engage in a voluntary stop,

424
00:25:03,799 --> 00:25:07,319
that's in quotes, a voluntary stop, but he fled after

425
00:25:07,359 --> 00:25:11,200
circling agents in a parking lot. This is all according

426
00:25:11,240 --> 00:25:14,079
to court documents that the observer is apparently quoting but

427
00:25:14,160 --> 00:25:17,759
did not link up. So I cannot independently verify if

428
00:25:17,759 --> 00:25:20,799
this is in fact true, but we'll have to take

429
00:25:20,839 --> 00:25:24,519
their word for it. They've earned our trust. Is kidding now,

430
00:25:24,680 --> 00:25:28,200
That's why I when looking for the link. So when

431
00:25:28,200 --> 00:25:34,119
he refuses to stop, they follow him and that prompts

432
00:25:34,160 --> 00:25:40,359
the chase. Oh, by the way, Martinez has a previous

433
00:25:40,400 --> 00:25:46,400
conviction of resisting an officer, which might be relevant. All right.

434
00:25:46,400 --> 00:25:48,240
If you're listening to this show, you know I try

435
00:25:48,240 --> 00:25:50,039
to keep up with all sorts of current events, and

436
00:25:50,079 --> 00:25:52,119
I know you do too, And you've probably heard me

437
00:25:52,160 --> 00:25:56,400
say get your news from multiple sources. Why Well, because

438
00:25:56,400 --> 00:25:59,079
it's how you detect media bias, which is why I've

439
00:25:59,119 --> 00:26:02,440
been so impressed with ground News. It's an app, and

440
00:26:02,680 --> 00:26:05,559
it's a website, and it combines news from around the

441
00:26:05,559 --> 00:26:08,240
world in one place, so you can compare coverage and

442
00:26:08,400 --> 00:26:12,200
verify information. You can check it out at check dot ground,

443
00:26:12,519 --> 00:26:15,559
dot news slash pete. I put the link in the

444
00:26:15,559 --> 00:26:18,799
podcast description too. I started using ground News a few

445
00:26:18,839 --> 00:26:21,559
months ago and more recently chose to work with them

446
00:26:21,559 --> 00:26:24,359
as an affiliate because it lets me see clearly how

447
00:26:24,480 --> 00:26:27,880
stories get covered and by whom. The blind spot feature

448
00:26:27,920 --> 00:26:30,599
shows you which stories get ignored by the left and

449
00:26:30,680 --> 00:26:34,680
the right. See for yourself. Check dot ground, dot news

450
00:26:35,039 --> 00:26:38,160
slash pete. Subscribe through that link and you'll get fifteen

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percent off any subscription. I use the Vantage plan to

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get unlimited access to every feature. Your subscription then not

453
00:26:44,799 --> 00:26:47,759
only helps my podcast, but it also supports ground News,

454
00:26:47,799 --> 00:26:51,799
as they make the media landscape more transparent from the

455
00:26:51,880 --> 00:26:57,559
Charlotte Observer story by Julia Coyn talking about the arrest

456
00:26:57,599 --> 00:27:00,920
of Miguel Martinez. It occurred back on the number sixteenth,

457
00:27:01,039 --> 00:27:04,559
Some of it captured on video by passers by while

458
00:27:04,559 --> 00:27:07,079
they were actually stopped in traffic and Martinez was zooming

459
00:27:07,119 --> 00:27:11,079
past them with Border patrol in tow. The chase was

460
00:27:11,160 --> 00:27:14,640
previously sorry. The chase followed after he refused to stop.

461
00:27:15,319 --> 00:27:18,000
He was previously convicted of resisting an officer. He was

462
00:27:18,079 --> 00:27:23,480
charged with felony assaulting, resisting, opposing, impeding, intimidating, or interfering

463
00:27:23,799 --> 00:27:28,559
with federal officers. That federal charge was enhanced when the

464
00:27:28,599 --> 00:27:31,680
government claimed that he used a deadly or dangerous weapon

465
00:27:31,960 --> 00:27:36,640
in the alleged crime, that weapon being his vehicle. But

466
00:27:36,880 --> 00:27:40,960
video played during his three hour preliminary hearing more on

467
00:27:41,000 --> 00:27:43,519
that moment in the US District Court for the Western

468
00:27:43,519 --> 00:27:46,880
District of North Carolina showed footage from inside a car

469
00:27:47,240 --> 00:27:51,200
carrying four ICE agents who said they planned to smash

470
00:27:51,240 --> 00:27:55,039
into Martinez. At one point, an agent said he's going

471
00:27:55,079 --> 00:27:58,400
to get shot now. Again. I did not get to

472
00:27:58,400 --> 00:28:02,279
see the video. I've not seen the transcripts of the proceeding,

473
00:28:02,359 --> 00:28:05,440
so I cannot verify any of this. But it sounds

474
00:28:05,440 --> 00:28:09,960
to me not like the officers are saying like, Ooh,

475
00:28:10,000 --> 00:28:12,160
we hope he gets shot. It's not like they're saying

476
00:28:12,160 --> 00:28:15,400
it that way, but it sounded like in the transcript

477
00:28:15,400 --> 00:28:20,440
that was excerpted in the article later on, seems like

478
00:28:20,440 --> 00:28:23,920
they're saying that the guy's behaving in a way that's

479
00:28:23,920 --> 00:28:27,880
going to get him shot because he's acting erratically. He's

480
00:28:27,920 --> 00:28:33,079
gone crazy, he's zooming around traffic, he's hoppin' medians. After

481
00:28:33,160 --> 00:28:37,960
nearly a week of deliberating alone, US Magistrate Judge David

482
00:28:38,039 --> 00:28:43,200
Keisler issued an order dismissing the enhancement charge. So it's

483
00:28:43,480 --> 00:28:48,400
just the enhancement charge using a deadly or dangerous weapon

484
00:28:49,559 --> 00:28:55,160
his vehicle. That's the charge that was dismissed. He found

485
00:28:55,319 --> 00:29:01,599
there was probable cause to believe that Martinez forcibly interfered

486
00:29:02,039 --> 00:29:09,279
with the agents, so that remains. Those charges remain. Martinez.

487
00:29:09,279 --> 00:29:12,880
His federal public defender argued that Martinez had every right

488
00:29:13,000 --> 00:29:19,000
to flee, which is an interesting argument. When agents tried

489
00:29:19,000 --> 00:29:22,000
to stop Martinez, he says they were infringing on his

490
00:29:22,039 --> 00:29:26,000
First Amendment rights to engage in citizen journalism and document

491
00:29:26,160 --> 00:29:33,680
agents in public spaces. Okay, as a former reporter aka journalist,

492
00:29:34,759 --> 00:29:38,359
went to school for it, was trained in it. There

493
00:29:38,480 --> 00:29:42,400
is no such thing as a citizen journalist. All journalists,

494
00:29:42,519 --> 00:29:45,079
unless you are working for like Stars and Stripes and

495
00:29:45,160 --> 00:29:48,680
you are employed by the government, by the military, every

496
00:29:48,720 --> 00:29:51,359
journalist is a citizen journalist. Oh, I guess, unless you're

497
00:29:51,359 --> 00:29:55,119
an illegal alien journalist, then you're not a citizen. But

498
00:29:55,160 --> 00:29:57,359
even then you'd be a citizen of whatever country you're

499
00:29:57,359 --> 00:30:01,480
a citizen of. So, like a journal n lists does

500
00:30:01,559 --> 00:30:05,200
not enjoy extra protections. This is one of the things

501
00:30:05,359 --> 00:30:08,880
why I always oppose these shield laws that the journalism

502
00:30:08,960 --> 00:30:10,839
in crowd always wants to put in place, Like I

503
00:30:10,839 --> 00:30:14,640
should be able to have these special privileges. No, you shouldn't.

504
00:30:15,079 --> 00:30:18,279
You're just a regular person, just like I was. And

505
00:30:18,319 --> 00:30:22,119
what I was told many times over the years. When

506
00:30:22,119 --> 00:30:24,319
you go to a police scene, when you go someplace

507
00:30:24,359 --> 00:30:27,119
in law enforcement has for example, set up the crime

508
00:30:27,200 --> 00:30:30,079
tape and they're telling people stay out of an area.

509
00:30:30,559 --> 00:30:34,240
If they're telling every citizen to stay out of the area,

510
00:30:34,319 --> 00:30:37,920
that includes you, Okay, you don't get Now. They may

511
00:30:37,960 --> 00:30:41,319
be nice and set up a media staging area, say hey, media,

512
00:30:41,319 --> 00:30:44,519
come over, here. We'll do press conferences right here, but

513
00:30:45,000 --> 00:30:48,759
regular citizens can come in there too. Non journalists can

514
00:30:48,839 --> 00:30:53,680
also stand in there. Right you're out on the street,

515
00:30:54,319 --> 00:30:59,359
some crime has occurred, media shows up, and the cops

516
00:30:59,400 --> 00:31:02,519
are like, stay back behind this line. If you cross

517
00:31:02,559 --> 00:31:06,920
over into that line saying First Amendment, First Amendment, you're

518
00:31:06,960 --> 00:31:09,440
gonna get arrested, and then you're not gonna get the

519
00:31:09,480 --> 00:31:12,680
story and your boss is not gonna be happy. So

520
00:31:12,799 --> 00:31:15,720
you can claim First Amendment protections, but the time to

521
00:31:15,759 --> 00:31:18,599
fight that out is going to be in court, okay.

522
00:31:21,079 --> 00:31:23,440
And if cops, if law enforcement of any kind, if

523
00:31:23,440 --> 00:31:25,079
they're like, you need to get out of this area

524
00:31:25,079 --> 00:31:28,720
because we're conducting an operation, and you choose not to

525
00:31:28,759 --> 00:31:31,319
do so, that is your choice. But if you end

526
00:31:31,400 --> 00:31:34,279
up arrested, right then you're gonna have to make that

527
00:31:34,480 --> 00:31:37,519
argument at some other point. But it's not gonna stop

528
00:31:37,559 --> 00:31:40,440
you from getting arrested. That's what we were taught. Maybe

529
00:31:40,480 --> 00:31:45,000
the rules of journalisming have changed, but that was always

530
00:31:45,039 --> 00:31:49,359
what we were told. The assistant US Attorney Karen Finley

531
00:31:50,920 --> 00:31:53,720
in court said it's lucky that nobody got hurt. She's

532
00:31:53,759 --> 00:31:56,400
exactly right, and she pointed out that the guy could

533
00:31:56,440 --> 00:31:59,440
have just stopped. He could have just talked to the cops.

534
00:31:59,480 --> 00:32:02,720
He's a US citizen. He could have just said, yeah,

535
00:32:02,720 --> 00:32:05,000
I'm out here shooting video. I'm taking your pictures. I'm

536
00:32:05,039 --> 00:32:07,359
posting them up onto Instagram. So I'm trying to get

537
00:32:07,400 --> 00:32:11,000
everybody to know where you are. So they can avoid

538
00:32:11,039 --> 00:32:13,839
being deported. They can they can avoid being held responsible

539
00:32:13,839 --> 00:32:17,000
for the consequences of their actions. Right, he could have

540
00:32:17,039 --> 00:32:20,319
said that. They could have They could have said, well,

541
00:32:20,400 --> 00:32:22,279
you're we're gonna we're going to arrest you now for

542
00:32:22,359 --> 00:32:24,559
interfering with the operation. Or maybe they could have said

543
00:32:24,559 --> 00:32:30,319
stop it, go away. But he could have voluntarily engaged

544
00:32:30,359 --> 00:32:34,240
in the conversation with CBP. He was at no risk

545
00:32:34,279 --> 00:32:38,559
of being deported. He chose this course of action. All right,

546
00:32:38,559 --> 00:32:40,920
that'll do it for this episode. Thank you so much

547
00:32:40,960 --> 00:32:43,000
for listening. I could not do the show without your

548
00:32:43,039 --> 00:32:45,799
support and the support of the businesses that advertise on

549
00:32:45,839 --> 00:32:48,640
the podcast, so if you'd like, please support them too

550
00:32:48,680 --> 00:32:50,359
and tell them you heard it here. You can also

551
00:32:50,400 --> 00:32:53,000
become a patron at my Patreon page or go to

552
00:32:53,119 --> 00:32:56,839
dpetecallanershow dot com. Again, thank you so much for listening,

553
00:32:56,920 --> 00:33:04,720
and don't break anything while I'm gone,

