Speaker 1: What's going on. Thank you so much for listening to
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to your smartphone or tablet, and again, thank you so
much for your support. First, Maduro gets picked up brought
back to America to face Narco terrorist charges. Governor Tim
Walls drops out of his re election campaign, citing all
of the Somali fraud stories and stuff. And now the
thing that I thought would not happen has happened, and
I am so happy that this has happened. I don't
know how it's gonna I do not make predictions on
the outcome of court cases or elections. Okay, so I
don't know how this is going to go down. But
the fact that five people have stepped forward with credible
accusations against Mecklemburg County Sheriff Gary not my fault McFadden.
They have sworn out affidavits and are now seeking a
court to intervene and oust McFadden from office, which is
the law. I do not have my file on McFadden
with me. I did not anticipate talking about him at
all today. But here we are because we got a
press release. The press release came from I think a
law firm, yes, yeah, from a law firm representing the
plaintiffs in this matter of this petition. It is initiated
under North Carolina statute, and the district attorney now must
take this matter up before a judge, and a judge
then has to make a ruling. And so we'll see
how this goes. But the petition is to remove McFadden
from office. And I'm going back to the press release
here and bouncing back and forth between the two, between
the press release and the complaint or the petition. Okay,
seeks to remove McFadden for attempted extortion and corruption, willful
misconduct and maladministration in office, and willful and habitual refusal
to perform the duties of his office. It looks like
four of the five people here were former employees of his.
And then there is the I think maybe the most
serious allegation here is from State Representative Carla Cunningham. So, okay,
this is from page fourteen of the petition. Okay, all right,
here we go. This is Carla Cunningham is a resident
Meckliberg County, qualified to vote as an elector in that county.
And this is what I've been saying, Like, all it
takes is five voters. That's what an elector is. In
the law, it says any five electors in a county
can bring this petition, and she is one. She is
qualified to vote as an elector, and so she's also
a state representative serves the Charlotte area the one hundred
and sixth district. McFadden and Cunningham had previously taken opposite
sides of a public controversy because at times over the
past few years, Cunningham has publicly supported increased oversight of
and inspections at the Mecklinberg County Detention Center. In the
fall of twenty twenty four, she publicly supported a bill that,
among other things, appropriated money to fund new full time
jail inspectors. Cunningham viewed inspections as necessary and helpful because
as of that time, eighteen inmates had died in Mecklinberg
County Detention Center on McFadden's watch. Okay, that's not his fault.
It's right there in his nickname. Okay, nothing is ever
Gary's fault. He's the first to tell you that McFadden
viewed jail inspections which inevitably resulted in critique of the operations.
He viewed these inspections as unfair and retaliatory, and he
personally criticized the jail inspectors at the North Carolina Department
of Health and Human Services who performed these inspections. That's true.
I've covered this over the last two years. He would
make all sorts of remarks ascribing nefarious motives and oh,
we know why they're really doing this, and we know
what's really going on, and we know, Oh, he was
up in a he was out hunting, he was up
in a deer stand and he got a call to
come down and inspect my jail. And what do you
think that's about? Like, that's what McFadden does. He throws
out this all these innuendo at people. You know, these
events first brought McFadden and Cunningham into conflict, albeit indirectly,
on an issue affecting McFadden. Moreover, on a handful of occasions,
Cunningham has crossed the aisle to vote for Republican sponsored
bills that require greater cooperation between local law enforcement, including sheriffs,
and federal immigration authorities. In particular, in the twenty twenty
three twenty twenty four legislative session, House Bill ten required
sheriffs to notify ICE if they could not determine a
pre trial detainees immigration status, and the bill also required
sheriffs to cooperate with ICE detainers. Cunningham voted against the
original version of HB ten, but voted for the final
version of the bill after certain amendments were made that
satisfied her concerns. She also voted to override Governor Roy
Cooper's veto of the final version of the bill. House
Bill ten also funded the new jail inspectors that she
wanted to see put in place. Okay, so seems like
that's how the Republicans got her on board in the
twenty twenty five session. So a year later, Cunningham votes
in favor of House Bill three eighteen, which the Republicans
had to come back and do another bill because McFadden
was still not cooperating with the letter, if not the
spirit of the law. So they come back with HB
three eighteen, which requires sheriffs and other officials to work
with ICE to determine the immigration status of those detained
for felonies Class A one, misdemeanors, or DUI related offenses.
It also expands how long local officials must hold detainees
on ICE detainers. All of this is true, I've covered
all of these aspects of this fight. Okay. Next, Cunningham
votes to pass House Bill three eighteen, and then she
votes to override Governor Stein's veto of the bill in July.
And that's this past summer, This past July, that's when
this situation came to a head. In the spring and summer,
House Bill three eighteen was making its way through the
General Assembly, numerous other elected Democrats reached out to Cunningham
privately to attempt to persuade her to vote against the bill.
Such jaw boning or lobbying by other elected officials is
a normal and expected part of the political pros. All citizens,
even government officials, have a constitutional right to express their
views to the people's elected representatives. Once she made the
decision to vote for House Bill three eighteen. Cunningham publicly
announced her intention, she expected to and did take political
blowback for her votes. The bills were politically contentious, and
Cunningham supplied a vote necessary to override a gubernatorial veto,
the only Democrat in the House to do so. Now.
During his time in office, McFadden has spoken publicly about
his opposition too, both of these bills and other legislative
measures that did not pass, all of which required greater
cooperation between local law enforcement and federal immigration authorities. The
final version of House Bill three eighteen passed June tenth,
stein vetoted on the twentieth, and then June twenty third.
The House set a vote to override the veto the
next day, but then rescheduled the vote several times. It
eventually made it onto the calendar on July twenty ninth,
between the veto and the override vote. Okay, so during
this like month month and a half period, Cunningham was
subject to more intense petitioning by constituents, lobbyists, and other
elected officials about House Built three eighteen from both sides
of the issue. Again, that's normal and expected. What's not
normal or lawful? Is for such efforts to cross the
line into threats and extortion, as happened here with McFadden.
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dot Com. I do have a lot of messages. I
am aware, I gotta. I haven't even read through the
entire petition yet. So what I have been hammering away
at for the better part of now, probably three years,
is that there is a mechanism in North Carolina state
law that allows for a process to be initiated to
remove a sitting sheriff. It has to come from five
voters of the county. We now have that petition filed.
It has happened. I hang on, excuse me, still little
remnants of the crud from Christmas, the Christmas crud as
it were. I was unaware this was happening. All. I've
just been saying, like, this is the mechanism that has
to be employed. It would only work, I think if
you get Democrats to do this. It cannot come from
Republicans because it'll then be perceived as a partisan attack.
This looks like it's coming from four of his former
employees and a state representive Democrat, Carla Cunningham. And again,
this is like a thirty page petition. I've not read
through it all. This is the portion now that I
think might just given the headline might pose the biggest
problem for Mecklenberg County Sheriff Gary Not my fault, McFadden.
The headline on the sub section is McFadden's threats to
Representative Cunningham, which that sounds bad. That sounds pretty bad.
In between Governor Stein's veto of House Built three eighteen
and the House vote to override the veto, McFadden reached
out to Cunningham to schedule a phone call to discuss
the reasons for his opposition to the bill. That was normal,
and Cunningham was willing to speak to him, as she
had with other elected officials and constituents and lobbyists all
attempting to persuade her on the issue. And by the way,
kudos to Representative Cunningham who, in the face of this
massive campaign to get her to fall in line with
all of her party members, she held the line and
she said, no, we need more jail inspectors, more inspections,
and we need to have local authorities working with ice.
And she held firm and she voted to override the veto.
But she was the target of a massive pressure campaign,
and we knew this at the time. We did not
know this. After exchanging some preliminary text messages about scheduling.
Cunningham and McFadden set up a half hour call on
or about Thursday, July twenty sixth McFadden began the call
by contending, this is so tell like everything that you
know about McFadden, like this sentence, This is him in
a nutshell, Okay. He begins the call by contending that
he had heard from media that Cunningham didn't like him.
What Cunningham replied she did not have any personal animosity
towards McFadden, but simply had a different view than him
that sheriffs ought to be cooperating with ICE as a
general matter to help ensure that illegal immigrants with criminal
records or serious criminal charges were deported. McFadden stated that
if Cunningham continued down the path she was on, the
people of Mecklenburg County would quote come after her. Based
on McFadden's tone and manner of delivery, Cunningham understood McFadden
to be making a prediction that Cunningham would become physically unsafe,
not that she would, for example, lose the support of
her constituents or face highly motivated political opposition. She took
it as a threat that they're going to come after you.
McFadden then pointed out that House Bill three eighteen would
cost money to house immigration detainees in the Central Jail,
and the taxpayers would bear the cost for that, which
anytime a Democrat starts talking to you about, oh what
about the taxpayer costs, like, I'm not believing that you're
arguing about cost. Okay, you have some other reason you
don't want to do something, and you're just citing taxpayer
cost as some excuse that you think I will care about,
you know. Cunningham replied that none of these concerns swayed her.
She had heard them before, but believe the cost of
House Bill three eighteen the cost were outweighed by its
benefits to the citizens via facilitating the removal of illegal
immigrants with a criminal record from the community. Finally, McFadden
tells Cunningham that quote, I don't want to see you
get hurt. You live in my county. We had him
he just did some interview, right, We had audio of
him saying something very much along those lines, not about Cunningham,
but you know, live in my county. I don't want
anybody to get hurt. Whatever. So that sounds like him.
Cunningham hung up on McFadden immediately after that statement. Well, yeah,
when the sheriff of the county says I don't want
to see you get hurt, what do you think that means?
That means you know, you should really do what I'm
asking you to do because you could come to physical harm.
Cunningham reasonably understood those comments to be a threat by
McFadden to either physically harm her or to withdraw or
refuse her any protection from members of the public who
would physically harm her. Although on their face, McFadden's statements
nominally expressed concern for Cunningham's welfare, McFadden's tone and delivery
indicated the opposite, meaning. It's akin to a mafia boss
demanding money by saying, nice little story you've got there.
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Alrights sorry, just reading through the petition to remove Mecklenberg
County Sheriff Gary not my fault, McFadden. It has been
duly filed five voters of Mecklenburg County for apparently previous employees,
and one is a state representative. They have filed a
petition with the court to have Sheriff McFadden ousted from
his position for extortion, bribery, corruption, and maladministration. The extortion
and bribery is associated with the state Representative Carla Cunningham,
who was going to vote and did vote with Republicans
on a bill that passed and then was vetoed, but
then the Republicans, along with Cunningham, overrode the veto that
would force sheriffs to cooperate fully with ICE. McFadden ran
on this platform of not cooperating with Ice. You know,
was always doing what he could to release people from
his custody without telling Ice. He was not honoring their
detainer requests and stuff. We've been following this well since
he first won election almost eight years ago. After this
the governor's veto and before the vote to override the veto,
cunning Him gets on a call with McFadden. He had
asked for a call, asked to talk with her, tries
to persuade her to fall in line with all of
the other Democrats and vote not to override the veto,
and she's like, not going to happen. I believe in
this bill. This is what has to happen. And in
that conversation is when he says that that Meckleberg County
people are going to come after her and I don't
want to see you get hurt. You live in my county.
She took that as a threat and she hung up
on him. Now some context here. Cunningham understood McFadden's statements
as a threat because he was implicitly admitting that he
could not do his job of protecting a citizen of
his county who had faced and was facing threats of violence.
Remember what happened in the summer. McFadden never urged Cunningham
to say leave Mecklenburg County until the political passions of
the moment blew over, nor did he suggest any steps
that she could take to keep herself safe. Cunningham also
understood McFadden's statement as a threat because she was aware
of his carefully cultivated reputation for retaliation against his perceived enemies.
Within the sheriff's office. Cunningham's understanding of McFadden's statements was
also informed by the events of the summer of twenty
twenty five, which was a time of heightened political tensions
and high profile political violence. Cunningham held town halls in
her district at which some activists were physically intimidating, confrontations
that McFadden was likely aware of. She also received threats
of violence against her as a result of her publicly
announced stance on House Bill three eighteen. As a result,
Cunningham received temporary security protection from the North Carolina State
Capitol Police while she was in Raleigh, but such security
did not accompany her to Charlotte. Cunningham also hired private
security for selected events using her campaign funds nationally just
a few weeks. But again, so like, where is this
coming from? Where is the threat coming from the left? Right,
This is coming from the left. This is the base
inside the Democrat Party. I've been talking about this also
for years that Democrat lawmakers have been feeding this alligator
in the hopes that it eats them last. And that's
the thing is, eventually you do get eaten. You may
be last, but you do get eaten nationally. Just a
few weeks before McFadden's extortive threat, Minnesota Speaker of the
House Melissa Hortman and her husband were murdered in their
home June fourteenth, twenty twenty five by a politically motivated assassin.
Cunningham had followed the Hortman case and was deeply affected
by it. Goes on to say, now it's the petition
here is going to lay out how these threats constitute extortion.
His threat to refuse to protect Cunningham from physical intimidation
and or violence that he himself predicted if she did
not change her vote constitutes extortion under state law. And
then it lists the law here and it says that
his statements that the citizens of Meckelberg County would come
after her, I don't want to see you get hurt.
You live in my county. These were intended by McFadden
and were understood by cunning him as wrongful threats that
McFadden would withdraw the protection of the Sheriff's office from her,
making no effort to protect Cunningham from predictable risk of
physical harm if she did not change her vote. McFadden's
threats were made with the intent to wrongfully influence her vote,
and Cunningham's vote was then by statute, they argue a
thing of value to McFadden. First, he said it's going
to cost him money to implement House Bill three eighteen.
McFadden would reasonably anticipate that new obligations imposed on his
office would reduce the funds otherwise available to his office
for other purposes, you know, like making a recording studio
for the inmates. I'm sorry, the residents, as he calls them,
the residents of the Second, it would remove housepil three
eighteen removed discretion that McFadden, like other sheriffs, had previously enjoyed,
to decide whether to cooperate with ICE on a selective
case by case basis in certain scenarios. Thus all else equal,
Housepill three eighteen's passage effectively reduced the budget and discretion
that McFadden enjoyed as a result of holding his office.
In addition, McFadden had publicly opposed local law enforcement cooperation
with ICE. It was publicly viewed as part of his
political platform, having spoken out against House Bill three eighteen.
The law's enactment was a political defeat for McFadden, Yeah, absolutely,
it has been so that's why they say that constituted
a extortion, also constituted attempted bribery and corruption. It lists
the General Statute bribery economic threats made to influence legislation.
McFadden violated this provision by offering anything of monetary value
that is law enforcement protection with the intent to influence
Cunningham's vote. McFadden's threats to Cunningham were made with the
intent to influence her vote, as well as her other
official actions and the discharge of her official duties, specifically
her publicly announced support of House Built three eighteen. His
implied threat that the Sheriff's office would not protect or
would not attempt to protect Cunningham unless she changed her
vote was a threat to provide or withhold a thing
of monetary value. Such physical security has monetary value. For example,
she had to hire private security guards until the controversy
over House Built three eighteen had passed, and finally McFadden
and members of the public could reasonably infer that a
sheriff who threatened a lawmaker with withdrawal of law enforcement
protection unless that lawmaker voted as the sheriff wished could
influence that legislator in the discharge of her official duties.
Right if the public found out that he said those
comments to her and then she flipped her vote, Right,
if the public found out about that, then people would
believe that he had threatened her to get her to
change your vote. Indeed, the entire purpose of McFadden's call
was to influence her vote. But McFadden's threat was an
unlawful means of doing so. So that is from the petition.
That's just one of the five people that have filed
the petition. All the other four have all sorts of
serious allegations against him as well. All right, if you're
listening to this show, you know I try to keep
up with all sorts of current events, and I know
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my podcast, but it also supports ground News as they
make the media landscape more transparent. Petition has been filed
by five Meckelberg County electors aka voters, seeking the removal
of Mecklenburg County Sheriff Gary Not my fault, McFadden, I
ran through I think what is probably some of the
most serious allegations by state Representative Carla Cunningham, accusing McFadden
of extortion and bribery, trying to get her to switch
her vote on the House built three eighteen that forces
sheriffs to cooperate with ICE. Made some veiled threats, Oh,
I'd hate to see any harm come to you. You
know so in their claims, though again this is a
thirty some pages and there are four other people in
the petition, they appear to be former employees, and so
they just kind of restate in the petition here all
of the accusations for why the petition has merit and
now needs to be try and it would either be
tried by the district attorney, which is where I would
prefer it go, or the Mecklenburg County Attorney. And I
believe that is Tyrone Wade. Got a bit of a
history with mister Wade, which I will not go into here,
but it had to do with DSS litigation twenty years
ago when I was a reporter, So I'm not terribly
confident in that, but maybe, like either way, like this
is going to be a real test for the local
Democrat party because they're going to have to decide on
whether or not these accusations are have merit and that
he is guilty of maladministration and needs to be removed.
Now they're also asking in this petition for him to
be suspended pending the disposition of the petition, so as
this thing works its way through the court, they don't
want him in office. He needs to be suspended. By
the way, and I mentioned this, I think earlier he
had already been requested or summoned to appear before the
North Carolina House Oversight Committee. I believe that that's set
for January twenty second. And when I saw that this morning,
I was like, well, that's odd. Why are they asking
him to come before the House Oversight Committee. Well, now
it makes sense. Now it makes sense. Obviously the lawmakers
and Raleigh knew what was coming, and so they've put
in the request. We'll see what he does. We'll also
see if he still holds that meeting that he had
set for tomorrow. I believe where he was going to
talk about, you know, reopening Jail North and why we
just can't do that, you know, and all the pressures
from Arena's law, and I'm gonna have to hold more people,
and woe is me. It's not my fault. I don't
have enough people and all this It is your fault.
You don't have enough people. Nobody wants to work for you.
So McFadden's so, here's some of the summation or the
summary of the various accusations. McFadden's direction that line deputies
working at the detention center not report assaults or other
misconduct by inmates constitutes wilful and habitual neglect to perform
the duties of his office. I'd say, oh, yeah, so
he's telling people don't report assaults, so he's juice in
the stats. McFadden's direction that line deputies not report assaults
or other misconduct constitutes wilful misconduct and maladministration. McFadden's retaliation
and threats of retaliation against line deputies working at the
detention center who reported assaults or other misconduct also maladministration.
His persistent non enforcement of jail policies intended to promote
the safety of officers and inmates, his creation of ad
hoc exceptions so one off, case by case exceptions to
jail policies, and his retaliation against deputies and supervisors who
enforced jail policies as written, McFadden's persistent non enforcement of
policies intended to promote safety. Okay, so they're just restating
each of these things and saying that they are maladministration
and habitual neglect to perform duties. His misuse of official
resources for work on his re election campaign. Misuse of
official resources in connection with dignitary duty. I have not
read this part of the petition yet, misuse of official
resources in connection with the deployment of reserve deputies, his
interference with the Sheriff's office ordinary hiring and promotion practices,
to show favoritism to employees who agreed to report to
him outside the chain of command, and to show him
unquestioning personal loyalty. Oh that explains that Facebook post celebrating
his birthday and showing videos of how snappily he dresses
McFadden's threat to withdraw or refuse law enforcement protection of
state Representative Carla Cunningham. Okay, these are the Cunningham Okay,
all right, So that's it. And then he is subject
to removal from office. So they're asking they're asking the
court to suspend him from office pending the adjudication of
this petition and then enter judgment in favor of the
petitioners and order McFadden removed from the office of Sheriff
of Mecklenberg County. Oh boy, Okay, let's get to the
text line messages here only imagine hmm let me see here.
Seven oh four number suggests it is McFadden's fault well
this time it might be Pete, you're the joyous person
in radio. Well, thank you, Robert, I appreciate that the
helly and says I have not heard Pete this giddy.
What a great couple of days for America. Mm hmmmmmm.
This is from the grumpy major. I am only surprised
that this did not happen sooner. Anyone who has worked
with or around Sheriff. Not my fault. McFadden knew that
his ego and narcissism would come back to bite him
in the butt. Hopefully the dwindling number of his supporters
will finally see him for who he is, or perhaps
they'll just be the last rats leaving the sinking ship.
John says, too funny, you sounded like a kid on
Christmas Day. I do feel like I mean, well, it's right,
Epiphany is tomorrow, so we are still in the Christmas season.
Rodney says, well, you know that not my fault McFadden
is going to say, oh, this is racism. It's all
based on racism. Yeah, I expect that, Rodney. It's a
good point. I love all the great breaking news today, Pete.
It's the best late Christmas ever I can barely contain myself,
says Mike from Maryland. Debra says, ha ha, I love
it when Sheriff Gary writes his own posts. I was
just about to break this news about Gary to you, Pete.
I want to be the reason you were happy today.
That's Tyler. Oh my goodness. A lot of the text
messages do they just keep pouring in here? People, I'm
trying to keep up, Dana. Okay, this is about the
earlier topic in the first hour about Venezuela, which we
moved on from. Let me jump up here, Shannon, Pete.
It's your New Year's gift. Welcome back, Jennifer says, best
day ever. Yes, McFadden is in apparently the finding out
phase seven four number. I'm so glad they didn't break
this while you were gone. You're a giver. Thank you, Sarah.
They yes, you know what. Let me thank the law
offices of where did it come from? Chalmers and Adams,
I think for yeah, Chalmers, Adams, Backer and Kaufman. They're
out of Raleigh. So thank you very much to the
law firm for not breaking this over the weekend and
instead breaking it during my show. For sending it out
during my show I do appreciate that so very much,
and Monica says when Pat Cannon was arrested, I was
literally walking on air. I had a big, stupid smile
on my face. I was so happy. I also worked
at a very leftist place, so I was trying and
failing to hide it. I was effusive. All right, that'll
do it for this episode. Thank you so much for listening.
I could not do the show without your support and
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patron at my Patreon page or go to thepetecallanershow dot com. Again,
thank you so much for listening, and don't break anything
while I'm gone.