Speaker 2: What's going on?
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All right, Welcome to the program one oh seven point
nine FMWBT, Charlotte's FM News Talk Pete Calendar here.
Speaker 2: Thanks a lot for hanging out. I appreciate it.
Speaker 1: The phone number is seven oh four five seven zero,
one oh seven nine. That is also the WBT text
line driven by Liberty Buick gmc.
Speaker 2: So. Uh what.
Speaker 1: Over the last forty eight hours, two communist dictators have
been deposed, first Maduro and then Tim Walls from Minnesota.
Run again, I kid, I kid, he's stepping down. He's
not been arrested yet. He's not been arrested, but Maduro
has been and I have spent the last forty eight
hours becoming an expert now in Venezuela. Okay, I am
now a self appointed, self credentialed, self identifying expert on Venezuela.
I'm actually not at all. I'm nor am I an
expert on constitutional law and the War Powers Act and
all of that, Okay, But I do have some some
of the writings and reactions of people who are experts.
If we are to believe the experts, and there are
a couple of different angles here, I'm curious to know
how people are kind of interpreting this, how you how
you are thinking about what what occurred. This was Jonathan Turley,
who is a constitutional law professor. Guy, uh, pick he's
up at uh Is it George Mason University or is
it Georgetown? I forget where. Maybe it's I think it's
a college with George and the name, maybe George Washington University.
Speaker 2: I forget.
Speaker 1: But he has a blog that he writes on and
it's Jonathanturley dot org, and he breaks down some of
the the legalities of the you know, the mission to
go and capture Nicholas Maduro and his wife picked them
both up. I'm not sure if he's got another wardrobe
change lined up. I've seen the guy in like six
different outfits so far. I don't know if they just
keep changing his clothes at every location. He gets to
like swapping out his jammys for the sweatsuit and then
swapping that out for another sweatshirt and sweatpants and then
swapping that out. So I'm not sure what that's all about,
but I have noticed it. So, Jonathan Turley writes. In
an Extraordinary military operation, the United States launched a large
scale operation in Caracas, Venezuela.
Speaker 2: Caracas is the capital.
Speaker 1: They use special forces, and they seized President Nicholas Maduro
and his wife. The operation comes not long after the
thirty seventh anniversary of the capture of Manuel Noriega that
was on December twentieth, nineteen eighty nine. Noriega was convicted
of drug and money laundering offenses and sentenced to forty
years in prison. This operation will be justified as executing
a criminal warrant and responding to an international drug cartel,
which is a very similar legal framework to the one
that was used against Noriega. So you've got two different
questions here, right, You've got the the US legality, and
then you have the quote international law. Right, you got,
these are your two arguments that are playing out. He says,
there is precedent supporting the earlier operation against Noriega, which
will now be used to defend the actions in Venezuela. Okay,
And I also have a write up by a guy
named Jack Goldsmith. So Turley says Trump does not need
congressional approval for this type of an operation. So this
is related to the US legality argument. Right, what does
the constitution say? Is this a dec laration of war?
I mean, certainly one would think that, you know, flying
into a foreign country, you know, killing thirty two members
of the Cuban intelligence force that was acting as the
security for Maduro, taking Maduro and his wife, and bringing
him and her back to America to stand trial. You
can argue that that is a law enforcement type of
an operation and that the military was needed to provide
protection for the law enforcement units. However, you could also
see it as, hey, we just implemented regime change. We
just toppled a dictator, a commie thug dictator, narco terrorist.
To be sure, but isn't that a kindest sort of
declaration of war? Like if somebody did that to us,
we would take that as a declaration of war.
Speaker 2: Right.
Speaker 1: So, so that's one question, and then there's the international law,
which I'll get to in a bit. So Turley is
making the argument that no, Trump did not need congressional approval.
He did not need to go to Congress and say, hey,
we're going to take this, you know, kinetic military action,
and Congress needs to vote on it. There needs to
be a declaration of war against Venezuela. He doesn't need
to do that. Presidents, including Democrat presidents, have launched lethal
attacks regularly against individuals. President Barack Obama, for example, killed
an American citizen under this kill list policy. And if
Obama can vaporize an American citizen without even a criminal charge,
Trump can capture a foreign citizen with a pending criminal
indictment without prior congressional approval. This is a precedential argument.
In other words, there's a lot of precedent for these
types of actions that the Trump administration will point to
to say these things were done before, not just with
Obama and the overthrowing of Kadaffi and Libya or Bill
Clinton and you know the war in Kosovo, Serbia. Right,
his actions there or George H. W. Bush and the
arrest of Norriega. Now, ordinarily, the Vienna Convention on Consular
Relations and other international agreements require the United States to
notify the embassy of a foreign national arrested and held
in the United States. Which don't think that's really needed
at this point. I think everybody is pretty clear what happened.
In his appeal, Manuel Noriega argued at trial that or
in his appeal, that his arrest violated international law under
what's known as.
Speaker 2: The head of state immunity doctrine.
Speaker 1: So if you're the head of if you're the head
of a country, then you have immunity and we can't
do this sort of thing against you. But the district
court rejected Noriega's claim. They rejected this argument because the
United States government, here's the key, never recognized Noriega as
Panama's legitimate ruler. And that is the same argument that
will be made against Maduro. He is not recognized as
the winner of the last election at least and probably
not even the winner.
Speaker 2: Of both of his elections that he ran.
Speaker 1: In the Noriega case offers ample support for the Trump administration,
which has had an outstanding arrest warrant for over five years.
He's not viewed as the duly elected leader of Venezuela
and has been tied to a criminal drug cartel. The
action will also have a major impact on foreign policy.
The Manro doctrine just became the Trump doctrine.
Speaker 2: I think.
Speaker 1: I think Trump actually referred to it as the Donro doctrine.
This action not only confronted Venezuela but also Cuba, which
was supplying the security around Maduro. Presumably Cuban security may
have been involved in the firefight, which Cuba now confirms
they were. Thirty two members of the Cuban Intelligence agency
were killed by the Americans in this raid. No Americans
harmed and none of the equipment harmed, which is a
pretty big problem now if you've been buying your air
defense systems from China, because the Chinese promised Venezuela that
their systems that they sold to the Venezuelans would be
able to identify, track, and knock out our planes, and
they did not, So that's a problem for the Chinese.
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Jonathan Turley, continuing at his website Jonathan Turley dot org
talking about first off, the Menuel Noriega case offers the
precedent for the Trump administration's argument to justify their action
to take Nicholas Maduro into custody. He also mentions here
at the end the impact on foreign policy, that this
is a warning shot to the Chinese, to the Iranians,
to the Russians.
Speaker 2: And Cuba.
Speaker 1: Cuban security was providing security to Maduro, but also Venezuelan
oil has been shipped into Cuba, and so this is
now a problem for Cuba. Although I did just see
this story moved on the Daily Caller. At least fifteen
US sanctioned oil tankers have reportedly broken the blockade of
Venezuelan oil exports since the Saturday capture of Maduro. They
used so called dark mode tactics to evade capture. The
now departed ships had been docked in Venezuelan ports for weeks.
This according to The New York Times, tankers in the
group used techniques employed by the modern ghost fleet. The
ghost fleet or these sanctioned skirting ships, and some of
the things they do. They paint names of decommissioned vessels
on the ship's hulls, so you see the name and
it's a decommissioned vessel. It's not the actual name of vessel.
They misrepresent their positions on the ocean they leave in
coordinated fashion to escape the blockade. Four tankers, now about
thirty miles off port, were tracked by satellites sailing east.
According to the New York Times, these tankers did not
secure authorization from the new interim government led by Maduro's
former vice president. The remaining ships have not been located
and are not broadcasting any signals. So we've got fifteen
of these oil tankers that are on their way, presumably
to Cuba. Legally, Turley says, Trump has the upper hand
in this case against Maduro. He'll probably replay the arguments
from the Noriega case. But the precedent is already clear
there that the courts have not been. They're not open
to this argument.
Speaker 2: This.
Speaker 1: I'm the head of state. I'm immune, so I can,
you know, run a cartel. Now, Maduro did appear in
federal court moments ago. He reportedly said, quote, I am
not guilty. I am a decent man. I am still
the president of my country. So that's I think his
the first utterances, you know, for the I'm the head
of state, I get immunity for doing all sorts of
illegal crap argument, which probably not gonna work. But I
went back and pulled the press release from twenty twenty.
This was March twenty sixth, twenty twenty, so almost six
years ago. This was the final year of Trump's first term,
right the election coming up November twenty twenty, and the
press release that was put out named Nicholas Maduro Moros.
Speaker 2: I don't know why.
Speaker 1: I guess that's nobody ever refers to him as Maduro
Moros or Moros. Maybe he along with fourteen current and
former Venezuelan officials charged with narco terrorism, corruption, drug trafficking,
and other criminal charges, along with members of Fuerzas Armadas
Revolutionnarias dec Colombia or FARC FARC, which is a foreign
terrorist organization designated as such by the US government for many, many,
many years, the US attorney I guess Attorney General, yeah sorry.
Attorney General Bill Barr is quoted in the press release
saying for more than twenty years, Maduro and a number
of high ranking colleagues allegedly conspired with the FARC, causing
tons of cocaine to enter and devastate American communities. Jorney
Jeff Berman said the scope and magnitude of the drug
trafficking alleged was made possible only because Maduro and other
cor and others corrupted the institutions of Venezuela and provided
political and military protection for the rampant narco terrorism crimes
described in our charges. As alleged, Maduro and the other
defendants expressly intended to flood the US with cocaine in
order to undermine the health and dwell being of our nation.
Maduro very deliberately deployed cocaine as a weapon. While Maduro
and other cartel members held lofty titles in Venezuela's political
and military leadership, the conduct described in the indictment was
not state craft or service to the Venezuelan people. As alleged.
The defendants betrayed the Venezuelan people and corrupted Venezuelan institutions
to line their pockets with drug money. Attorney Ariano Fajardo
or Shan said, far too often these corrupt officials and
their co conspirators have used South Florida banks and real
estate to conceal and perpetuate their illegal activity. As the
recent charges show, Venezuelan corruption and money laundering in South
Florida extends to even the highest levels of Venezuela's judicial system.
In the last couple of years, the US Attorney's Office
in South Florida and its federal law enforcement partners have
united to bring dozens of criminal charges against high level
regime officials and co conspirators, resulting in seizures of approximately
four hundred and fifty million dollars. Again, this was six
years ago, you'll recall. Also, they put a bounty on
Maduro fifteen million dollars for information leading to the arrest
and or conviction of Maduro, believe the Biden administration, and
then increased that to twenty five million dollars. Since at
least nineteen ninety nine, Meduro Cabello, Rondon, Carvajal Barrios, and
Alcala Cordonas acted as leaders and managers of the Cartel
de los Soles or Cartel of the Suns. Not like
daughters and sons, but like moons and sons Suns. That
name refers to the Sun logo, the insignia that is
on the uniforms of high ranking Venezuelan military officials. So
there is your nexus. Okay, they're using the state apparatus
as a cartel. They go on to say, leaders of
the FAO the farc A Beginning approximately in nineteen ninety nine,
while the FARC was purporting to negotiate toward peace with
the Colombian government, FARC leaders agreed with leaders of the
Cartel de la Souris to relocate some of the FARC's
operations to Venezuela under the protection of the cartel. Thereafter,
the FARC and the cartel dispatched processed cocaine from Venezuela
to the US via transshipment points in the Caribbean and
Central America such as Honduras sorry Honduras by approximately two
thousand and four, so within five years, the US Department
of State estimated that two hundred and fifty plus tons
of coke were transiting Venezuela every year. The maritime shipments
were shipped north from Venezuela's coastline using go fast vessels,
fishing boats, and container ships. Airship were often dispatched from
clandestine air strips, typically made of dirt or grass, concentrated
in the Apuree State. According to the US Department of State,
approximately seventy five unauthorized flights suspected of drug trafficking activities
entered Honduran airspace in twenty ten alone using what is
known as the air Bridge Cocaine route between Venezuela and Honduras. Maduro,
as leader of the cartel, negotiated multi ton shipments of
FARC produced cocaine, directed that the cartel provide military grade
weapons to the FARC, coordinated foreign affairs with Honduras and
other countries to facilitate large scale drug trafficking, and solicited
assistance from FARC leadership in training an unsanctioned militia group
that functioned in essence as an armed forces unit for
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Speaker 2: Okay, So back to.
Speaker 1: The Department of Justice's statement that had put out again.
This is from almost six years ago when they charged
Nicholas Maduro and more than a dozen others with running
narco terrorism from Venezuela through Honduras and into America. The
indict There were a whole bunch of these indictments, and
so I'm just going to run through some of the
people that were indicted. Along with Maduro. Okay, you had
the Minister of Defense of Venezuela, who was a general
in the armed forces. You had the chief Justice of
the Venezuelan Supreme Court. He was charged with conspiracy to
commit money laundering and then taking tens of millions of
dollars in bribes to illegally fix dozens of civil and
criminal cases in Venezuela. For example, the defendant authorized a
seizure and sale of a General Motors car plant with
an estimated value of one hundred million dollars in exchange
for a personal percentage of the proceeds.
Speaker 2: Right, this is what.
Speaker 1: Communists and Marxists and democratic socialists. This is what they
mean when they talk about, you know, seizing properties. This
is what they're talking about, collective control. This is what
they're talking about. And this kind of corruption always is
part of the deal.
Speaker 2: Always.
Speaker 1: Who else here we've got But I'm not going to
read all of their names, but Venezuela's Vice President for
the Economy, Venezuela's Superintendent of Cryptocurrency, the former Minister of Energy,
the general, former director general of their Office Nacional Anti Drogas,
which I think means anti narcotics. Also former commander of
Venezuela's National Guard, former sub director of the Anti Narcotics Office,
a former captain in the Venezuelan Guardia Nacional the National Guard,
I assume, former officer in the Venezuelan National Guard, former
Vice Minister of Energy, former Venezuelan Air Force officer. All
of these people were indicted again six years ago. Okay,
Now talking about the legality. Jack Goldsmith, he writes at
Executive Functions Execfunctions dot org. He's a senior fellow at
the American Enterprise Institute. He's a former Assistant Attorney General,
Office of Legal Counsel from three to four, special counsel
to the Department of Defense for a year or two prior.
Speaker 2: So. This guy's out of the bush administration. Okay.
Speaker 1: He says, here's the reality when it comes to this.
You know, the War Powers Act and whatnot. Congress has
given the president a gargantuan global military force with few
constraints and is a wall in overseeing what the president does.
With it, Courts won't get involved in reviewing unilateral presidential
uses of force, and no country plausibly could stop the
US action in Venezuela. That means that, in practice, the
only normative legal framework for presidential war powers that matters
derives from executive branch press as well as legal opinions.
The Justice Department, if asked, could easily have drafted an
opinion based on precedents and opinions to justify the invasion
of Venezuela. Notably, as I mentioned the invasion of Panama,
that was precedent right, and it's going to matter to
the Venezuela attack due to an opinion that was written
in nineteen eighty nine by the then Assistant Attorney General,
Bill Barr wrote this up six months before the invasion,
and the opinion justified FBI arrests in foreign countries under
domestic law, even if doing so violated international law. Right
therein lies the key, and that's why the DOJ went
with the military. They were there, they took Maduro into custody,
they read him his rights, they brought him back for trial. Right,
they're treating this as a law enforcement operation. The military
is there to provide the security to the law enforcement officers.
The arrest was the primary justification for the action, so
the opinion written by Bill barr Low those many years
ago will likely be presented as the main domestic legal
foundation for this action. There is another line of precedent
that justifies unilateral uses of presidential force when it's deemed
to be in the national interest. Recognized national interests include
the protection of US persons and property, promotion of regional stability,
humanitarian concerns, and all three of those could concedevably be
invoked in this case. The DOJ opinion could also cite
dozens of specific instances of past unilateral presidential uses of force,
stretching back at least to Jefferson Thomas Jefferson and his
authorization to attack the Barbary pirates the Muslims.
Speaker 2: That's that.
Speaker 1: So that was about our first war was against that
was against Muslims. They were well because so what was
happening back then was after like when we were part
of the British Empire, the Brits were paying off the
Barbary pirates, the jizya they were They would just pay
the tax basically right, they would pay the pirates. So
this way under Islam, I'm paying you this tax as
a non believer, I'm paying you the jizia. And therefore
you give us safe passage. You don't take our sailors
into your custody and murder them, rape them, put them
to work on your boats and whatnot. Well, when we
broke away from the Brits, now we are not part
of the British protection where they're not paying the jisia
for us.
Speaker 2: And so when.
Speaker 1: Jefferson is, you know, meeting with these leaders and it's like, hey,
what's going on here. We've done nothing to you, Like
we're brand new country, we got nothing against you.
Speaker 2: Guys, Why are.
Speaker 1: You impressing our sailors? And they said, well, because you're infidels,
and that was it. Like like our religion commands that
we do this to you. That's what he said to Jefferson.
And he was like, okay, send the Marines.
Speaker 2: That was it.
Speaker 1: That's how they got the term leatherneck, by the way,
because they would wear leather on their necks. They would
put neck bands. The Marines would Why you may have
heard there's a certain aptitude for next severing among some
people over there, all right, If you're listening to this show,
you know I try to keep up with all sorts
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Why well, because it's how you detect media bias, which
is why I've been so impressed with ground News. It's
an app and it's a website, and it combines news
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at check dot ground, dot news, slash pete. I put
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You're description then not only helps my podcast, but it
also supports ground News as they make the media landscape
more transparent. Okay, all right, I'm just seeing this. I'm
just seeing this breaking news. At first it was Nicholas Maduro,
then Tim Walls not going to run for reelection as governor,
and now State Representative Carla Cunningham from Charlotte is one
of multiple parties in a petition that seeks to remove
Mecklenburg County Sheriff Gary not my fault, mcfan and.
Speaker 2: Oh my gosh, it's happening.
Speaker 1: It's actually happening for attempted extortion, what attempted extortion and corruption?
Will full misconduct, and here it is. What have I
been This is the hook. I've been saying this for
what three years? Maladministration in office as well as wilful
and habitual refusal to perform the duties of his office.
I've been saying, right, there is a way to remove
bad sheriffs, and this is the way.
Speaker 2: Thank you.
Speaker 1: Representative Carla Cunningham. Now she's gotten a bunch of challengers
now in her primary. In fact, hang on a second,
believe I saw Josh Stein came out and endorsed one
of her opponents. Yeah, Governor Josh Stein endorses Reverend Rodney Sadler, who,
by the way, he's one of Reverend Barber's Moral Monday
or guys, he's one of them. And so I pointed out,
Stein is doing Roy Cooper right, Josh Stein is following
in the footsteps of what Roy Cooper did, which was
to primary Democrats that did not fall in line one
hundred percent of the time with him. And so if
you thought Stein was going to behave any better than Cooper,
well this is your uh, this is your wake up call.
Speaker 2: He is not. All right, let me go back to
the email. My gosh, I have not even done reading
the statement. Here.
Speaker 1: Among the allegations described is and I have not read
the petition yet.
Speaker 2: Okay, I do have it. Let me see here, I
have it open. I'm gonna have to read this. How
many pages of this thing? I don't know? Seems pretty lengthy.
Speaker 1: Oh, my gosh. All right, well I got to read
that during the break. All right, let me go back
to the press release. Among the allegations described as a
threat made to Representative Cunningham in connection with her work
as a legislator quote, no sheriff should ever suggest that
a legislator's safety depends on how she votes. I was
afraid and the intimidation affected me. This process exists for
serious situations involving public trust, and the people of Mecklenburg
County deserve transparency. Filing this complaint is part of rebuilding trust,
trust in a fair process, trust in our institutions, and
trust that concerns will be handled through proper channels, such
as dialogue and negotiation, rather than silencing and bullying. The
petition asks a judge to review the sworn allegations from
Cunningham and other individuals describing additional concerns about the operation
of the Sheriff's office. Under state law, removal can only
occur through a court process and only if the allegations
are proven right. But this is how you initiate the process. Okay,
now I saw Also over the weekend, the Mecklenberg County
Sheriff's office put out a birthday post. Did you see this?
It was a happy birthday post to Sheriff McFadden. Thank
you for keeping style alive in Mecklenburg County and most
of all for leading mcso with pride. We're honored to
call you our sheriff and be part of the best
under your leadership. And so it's a it's a birthday message.
And then they had a little video montage of clips
of Gary not my fault McFadden styling, profiling and vibin
dancing in various outfits and showing off his fancy clothes
and his shoes and his watch. At one point is
New York Yankees ball cap? Right, So that was from
that's that's on the Mecklenburg County Sheriff's office Facebook page.
They probably instagrammed it too. Yeah, so a happy birthday
from you know, your employees. We love you, boss. Here's
some pictures of you all dut it up in dancing.
Speaker 2: What else?
Speaker 1: I feel like there was something else? Oh, that's right,
there was something else. Apparently the North Carolina House Oversight
Committee has summoned McFadden to appear before it on January
twenty second. All of this is happening today, Like twenty
twenty six is fantastic. Already we're in the playoffs. I
did have to be in Atlanta Falcons fan for a day,
but it's okay, Like we all have our crosses to bear,
but we're in the playoffs even though we totally don't
deserve it. And now we got three terrible leaders that
are hopefully like two of them like one's in jail,
one's not going to run for reelection and may end
up charged depending on how that investigation goes up in Minnesota.
And now you got Gary McFadden finally facing some of
the music. Oh my goodness, I can't. Okay, let me
see here. Uh, I'm ri let's say I'm reading. Okay,
So Carla Cunningham, Marcia Crenshaw Hill, Kevin Canty.
Speaker 2: You know who that was. Kevin Canty. We had him
on the program.
Speaker 1: He was the former chief deputy of Mecklamer County Sheriff's Office. Right,
this guy's got a long, decorated career in law enforcement
in North Carolina. And he goes to work and then
he leaves, like within a year, and he writes the
public letter describing the way McFadden runs the show and
calls him a narcissist and micromanaging tyrant and the like
told him to, you know, engage in unethical behavior, use
the racial slurs against his command staff. Then there's Wan
Delgado and Brian Adams. So these are the five. These
are the five electors needed basically to file this petition.
Let me say here, okay, hang on, no close, I
don't want AI assistant.
Speaker 2: Okay uh, I don't need you. This is a.
Speaker 1: Petition by qualified electors seeking to remove him. Since assuming
the office of sheriff in December twenty eighteen, McFadden has
committed a wide range of misconduct in office that warrants
his removal. Misconduct related to conditions at the Mecklinberg County
Detention Center and jail administration, retaliation against crime victims and
good faith whistleblowers, retaliation against crime victims, misuse of official resources,
including violations of the Hatch Act, Misconduct related to staffing
and promotion practices, weaponizing the machinery of the Mecklemburg County
Sheriff's Office Internal Affairs Unit against perceived enemies while squelching
internal investigations into perceived allies, and threats against a state legislator,
which amount to attempted extortion and bribery.
Speaker 2: Oh my gosh, oh my gosh, my gods.
Speaker 1: Okay, man, wait, thirty two pages. Okay, I'm not gonna
be able to. I might just read this whole thing
in the next hour. I just might read the whole
thing on there. This is, okay uh, misconduct related to
jail conditions, all right, let me see if let me
all right, we know about the jail conditions and the problems
that they've been having there for a long time. A
lot of people have been dying under his watch. Let
me see here misuse of official resources, that's the part.
Let me I'm scrolling to the extortion weaponization to do
to do Kevin Canty's experience, Wan del God his experience,
Brian Adams, the musical artist. Here it is Cunningham to
previously taken opposite sides of a public controversy issue. This
was cooperation with Ice. She voted with the Republicans to
force McFadden to cooperate with Ice across the autovo for
Republican sponsored bills. All right, House bill ten. Okay, I
got some reading to do. We got news next. I'll
be back with I'll be back with more intel.
Speaker 2: All right. That'll do it for this episode. Thank you
so much for listening.
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