Speaker 1: What's going on? Thank you so much for listening to
this podcast. It is heard live every day from noon
to three on WBT Radio in Charlotte. And if you
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smartphone or tablet. And again, thank you so much for
your support. Last hour I explained why Gary mcfatten, the
sheriff of Mecklenburg County, is no different than the judge.
Hang on a second, hang on, get her name? What
is her name?
Speaker 2: I know it's.
Speaker 1: Dugan, Sarah Hannah Hannah Dugan up in Milwaukee. How she
helped an illegal criminal alien escape out of her courtroom.
McFadden is doing the same thing. He's just doing it
via policy, and he's doing it on a larger scale,
no difference. The practical effect is the same. And so
the North Carolina Legislature is trying to once again close
a loophole that McFadden and about four other sheriffs across
the state are exploiting, are abusing in the law. So
they can continue to not cooperate with ICE and so
they can continue to help illegal criminal aliens avoid deportation.
The bill is House Bill three eighteen, and it passed
the House yesterday. After passage, the House Republican Press account
took to the Twitter machine or the X machine, if
you will, and took aim at Democrats opposition to the bill, saying, quote,
based on today's debate on the Criminal Illegal Alien Enforcement Act,
it's clear Democrats have not learned any lessons from the
twenty twenty four election. The CAN people have spoken clearly,
if you are an illegal alien and you commit crimes,
you gotta go. The House Republican Caucus also sent out
a tweet calling out specific Democrats and offering to pay
for them to fly to El Salvador to meet MS
thirteen gang members. If you would like to go down,
they will pay your plane ride, which I don't know
if they I don't know if they will now because
there was a scoop over at the bulwark that Hakim Jeffries,
the House Minority Leader up in DC, the US House
Democrat Leader Hakim Jeffries has apparently told his caucus all
his fellow Democrats no more trips to El Salvador, which
is so weird because I thought it was such a
brilliant photo op. It was such a brave and heroic thing.
Why would you tell them to stop doing the brave
and heroic thing, Hakim? What's up with that? Oh? Maybe
it actually doesn't actually look good to voters to see
Democrats flying down to El Salvador to do photo opsipping
margaritas with an MS thirteen gang member. Maybe that's not
the right play here, guys. I mean, I'm not saying
that you don't still agree that all the MS thirteen
gangbangers should be in the country illegally and never deported.
You still believe that. Let's just keep that under wraps though.
We don't need to advertise this sort of thing. So
I said in the last hour that I had audio clips,
and I do that was not a line. I have
audio clips of some of the arguments that were made
by Democrats and Republicans. But the Democrats were arguing against
this bill, for example, Marsha Moury, Democrat from Durham. This
woman was a judge. Just keep this in mind when
you hear her make these arguments. This woman was a judge.
She said, this bill is not about safety, not about
public safety. She says, it's really about do you want
to know due process? That's right, it's about due process.
And this new legislation expands the types of felonies beyond
just the violent ones, and she's got a problem with that.
Speaker 3: So we're not really talking about safety here. If you
have a gift card that you're trying to pass illegally
at a department store after Christmas, that's a felony and
that could be covered by this. It's not a violent crime.
So we're expanding it. We're expanding it to a one
misdemeanors as we just amended it. The problem is there
are legal issues to do process. A warrant is not
a detainer in the eyes of a law. A detainer
is not an official document signed by a judge. It
is a detainer request by ice. And I know we've
gone over this many times. A a person in jail
has not been convicted, they have been charged with a crime.
There is a due process right of innocence until you're
proven guilty. If you are in jail, you are right
to do process of bail. It is in our constitution
and what HB. Ten did, and what we are doing
today is saying, if you make bail or if you
have served your sentence, if there is a suspicion you
are not a resident, we will hold you for forty
eight extra No.
Speaker 1: No, not a resident, a citizen. You're not supposed to
be in the country in the first place. What is
her argument? What is the underlying assumption here that anybody
that comes in gets to stay even if they get
arrested for something, even if then she wants quote due process,
because they're innocent until proven guilty. So we know they're
in the country illegally. They can tell that because they
come in, they get identified and they figure out, oh,
you're not a citizen. We have fingerprints, right, Sometimes they
offer up their real identity. If they don't and they're
in some system a global fingerprinting, you know, identification system,
then we figure that out and it's like, oh, okay,
they're not supposed to be here and they were picked
up on this charge. So what you're demanding that they
only get deported if they get convicted of that crime.
Is that what you're saying, because that's what it sounds
like she's saying.
Speaker 3: Hours and today we are redefining what those forty eight
hours means. No longer is it when the ICE attainer
is issued. Now it is when the person is ready
to be released, the forty eight hours will begin. And
then this bill says, not only will it be forty
eight hours when they're ready to be released, it will
be another two hours for the official at the jail
to call ICE and say, in two hours the person
will be released. Are we going to get something from
you to halt and deport them?
Speaker 1: Right? So, here's a question. If this is a due
process problem for the non violent felonies, wouldn't it also
be a due process problem for the violent felonies as well.
There's no daylight between this argument and one that says
anybody that's ever arrested, any illegal alien that's arrested for
any crime, can ever be handed off to ICE. There's
no daylight. The severity of the charge is irrelevant. If
you're making a due process argument. The severity of the
charge does not matter. The only thing that matters is
the due process right. She called it an attack on
undocumented people in the state, an attack. You've already ended
up in jail. You cross the border illegally, you did
something that got you, that got the cops called on you.
They found probable cause that you committed some sort of
a crime. They then process you into the jail. They
find out you are not here legally, and they contact ICE. ICE, then,
by the way, has the opportunity to say we're not
going to pick them up, and they do that. By
the way, ICE does that. ICE sometimes they issue the
detainer and then they never come and get them. Sometimes
they don't even issue the detainer for illegal aliens. So
this isn't like the CMBD is running around arresting everybody
that they can just for the way they look or
the car they drive it they speak a to different language.
That's not happening. But this is what the Democrats need
you to believe is happening, so you will oppose any
effort to clamp down on illegal immigration. And again, all
of this works only if you have a secure US border,
which we now have something that resembles it, once again
proving that it was a lack of will to close
the border. It was a lack of will to get
control of the border. It wasn't the lack of a law.
It was a choice. 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 you do too,
And you've probably heard me say get your news from
multiple sources. 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
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using ground News a few months ago and more recently
chose to work with them as an affiliate because it
lets me see clearly how stories get covered and by whom.
The blind spot feature shows you which stories get ignored
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Your subscription then not only helps my podcast, but it
also supports ground News as they make the media landscape
more transparent. Let's head over to the phone lines and
chat with Ray, Hello, Ray, Welcome to the show.
Speaker 4: Hello fat How are you doing?
Speaker 1: I'm doing well, sir, How are you pretty good?
Speaker 4: H Every time I hear about I'm reminded of people
like from Gary McFadden all the way up to Joe
Biden and all the incoonfidence in between, and people that
don't do the right thing. I'm reminded that they are
a product of the of the uninformed or ignorant voters
or both. And I'm also reminded of that when I
when I watch a news story on TV about another
shooting in Charlotte, the people get on there that are
the loved ones of the person that was killed and say,
why does this happen? Why can't we stop this? And
you know, I'm just thinking to myself, they they want
all this killing to stop, but yet on election day there,
I guess they're too uninformed to go down there and
figure out who to vote in to make these things stop.
Speaker 1: Well, they're they're usually afraid of Republicans, right, that's fearselves
and Democrats have been selling fear to their voters for
a very very long time, whether it's throwing Grandma off
a cliff or they're going to take all of your Medicaid, Medicare,
social security benefits, whatever. They're going to fire you, all
of these types of air. They're going to take control
of your body. They're going to be inspecting your your genitalia.
All of these things are done specifically to motivate people
based off of fear, and so voters, once they buy
into the fear, then yeah, they go in there and
they think, well, the other team is worse, so I'm
going to keep voting for this team and maybe they'll
maybe now they'll listen to me. Oh, they said the
right things on the campaign trail, but yeah, nothing changes.
But then again, when it comes to the violence part
of your statement, that's not something really that can be
corrected by by government. That starts at the personal and
family level, right, Like, those are things that you have
to inculcate that inside the family unit. And you know,
a lot of times they are looking for people to
solve a problem that they themselves should have solved or
should have helped to ameliorate in the first place.
Speaker 4: Right. Yeah, Yeah, that's it's just terrible that people have
to you know, keep seeing their son keeled and then
they just you know, organize the march with signs and
march around then in the streets and say stop the killing,
stop the killing, and it just keeps on going on.
Speaker 1: Yeah, right, And again I've said this about many things,
but this does not stop until people choose for it
to stop. And that would require people to make a
different decision. And I think we see what happens. Like
look with Donald Trump and and you know, closing the border.
He promised that this is what he would do. He
made it very clear in the campaign that he was
going to close the border and he was going to
do mass deportations, and people voted for him, so like
nobody should be surprised by what he's doing. But also
the public attitude has shifted on this issue, so it
can happen, but people have to arrive at a different position.
They have to kind of see the error of their
previous belief. So yeah, yeah, right, all right, I appreciate it.
Good to hear from you, sir. Here's a message from
uh Gigi who says, listening about the detainers and does
Gary not my fault? McFadden answer to the county commissioners, Uh,
he does not, really, he answers to the voters. He
gets funding from the County Commission, and so they can
squeeze him on the funding front. But no, he answers
to the voters. If not, who is his boss? He
is the boss he is. It is an elected office.
He is his own boss. We are the boss of him,
the citizens of Meckleberg County. Now that's not to say
that there aren't things that can be done to fire
him besides defeating him at the ballot box. I've gone
over this before, but this is the general Statute sixteen
Officers subject to removal. Any sheriff or police officer shall
be removed from office by the Judge of the Superior
Court upon charges made in writing. So you have to
you've got to, you know, write up charges, file them
with the county attorney or the district attorney, and then
the judge of the Superior Court would here and I
assume that means chief judge, but maybe any judge I
don't know, would then hear the case and could remove
that share for cause. And there are six causes intoxication,
conviction of a felony, extortion, corruption, willful or habitual neglect,
or refusal to perform the duties of his office. So
if he persists in this obstruction against Ice. This could
be something that they could tag him for, but I
would submit that the one that you could already nail
him on is maladministration in office. Maladministration which you look
at what his staff has been saying for years, the
way he's running the sheriff's office. I feel like there's
plenty of evidence. Now, how do you get the written
petition in the first place, Well, that can be filed
upon the relation of any five qualified electors of the county.
So five Mecklenburg voters can get together and submit in
writing some complaint basically upon the approval of the County
Attorney of such county or the DA of the district,
or by any such officer upon his own motion, so
he could remove himself. There is already a law for this.
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Got a message from Russ who says I have not
read quite enough tweets to be an immigration law expert,
But aren't legal immigrants subject to deportation even for minor offenses? Yes,
yes they are. If you come into the country legally
and get yourself arrested for stuff, you will be deported.
You are a guest. And just because you snuck in
through the back window doesn't mean you get excuse me,
any more rights to quote due process than somebody who
has legally come through the system. He says, why are
we even discussing illegal immigrants who have been charged being
turned over to Ice or which felonies would merit deportation
right because they have to come up with some sort
of an excuse. They have to formulate some kind of
an argument. For example, here is Representative Jordan Lopez, Democrat
from Mecklamburg County. He said he was angry when he
saw the White House lawn signs with all the people's
faces who had been deported. You've seen this, right. The
White House went and put yard signs and put pictures
of the criminal aliens that were deported in the crimes
that they were charged with, and they put like a
hundred of them or something across the White House lawn.
Forcing all of the reporters that were doing their live
shots out there to have to have these in the background.
Some outlets even blurt out the photos, Jordan said, or
Jordan Lopez said. Everyone cares about public safety, of course,
but then he said, why are we doing the federal
government's job for them? He said, in the first month
of the Trump administration, four hundred and forty seven detainers
were issued in North Carolina by ice, but only fifty
three people were taken into ice custody. See, so it's
not even effective.
Speaker 5: It gets us no closer to the safe for North
Carolina that we all want. It only plays into a
narrative created by a deeply unpopular federal administration to escapego
people who don't look a certain way, who don't speak
a certain way, or who come from different places for
the issues that we have. And that's just not the case.
Speaker 1: Alright. So okay, I'm confused by your argument. Now are
you telling me that with the four hundred and forty
seven detainers that were issued, only fifty three people were
taken into ice custody. So it's not effective. But also
this is a really effective scapegoting operation or something. You
guys got to you have to pick one side of
this argument. Okay, it's either the worst thing ever or
it doesn't work right. You can't say that, oh, they're
just trying to target all of these different people, but
then they're not actually taking them into custody. You can't
say that they're you know, trying to racially profile people
and deport wrong people in all of this, but then
turn around and say that it's actually not effective. Which
is it? Right? Which is it? And to this to
the question of whether or not we're doing the federal
government's job for them, we're actually not doing their job
for them. The locals are not doing The state is
not doing the federal government's job for the federal government.
They're cooperating with the federal government as the government attempts
to do its job. The state is simply trying to
cooperate to help the feds do what they're going to
do with an aim towards public safety. He said, Also,
it would open up the possibility for lawsuits this old canard,
which I obviously has not happened. There haven't been lawsuits
against all of the sheriffs that have been cooperating with Ice.
That is a red herring. Then you've got Maria Servanna
Democrat from Waite County. She said she was pulled over
years ago. She was pulled over and stopped for having
out of state plates. I don't know how she knows this,
she says, that's why she got stopped. She was asked
where she was born by the officer that pulled her over.
She was detained, and she's from Oakland, California. She was
detained for three hours on the side of the road,
she said, and threatened with being sent to an ice
detention center.
Speaker 3: If we don't continue.
Speaker 1: Oh, hang on a second, my bed's that's Carla Konia.
This is Maria Servie.
Speaker 2: You this orders law enforcement people to hold people longer,
not just because they're guilty, because they still haven't been
charged for a crime.
Speaker 1: Not true. They are charged with a crime. That's how
they ended up in the jail. They haven't been convicted.
See this like the This is like the gun control debate.
I feel like it's important for us to kind of
get an understanding of your understanding of this issue before
we listen to what you're saying. Okay, because when you
say that they haven't even been charged with a crime,
they have been. That's how they're in the jail.
Speaker 2: Not because of evidence, but simply because of suspicion because
who they are or they're assumed to be. HB Three
eighteen doesn't protect our communities. It profiles them.
Speaker 1: It actually does not do that either. Again, if you
are arrested for some sort of a serious crime, then
it forces the share to relay your identity and your
presence in the jail to ICE. ICE would still determine
whether or not to come get you and deport you.
And that's a determination that ICE makes and the judge
in the immigration court makes.
Speaker 2: Doesn't deliver justice, it delays it. Oh, it doesn't make
us safer, it makes us smaller. And if ICE doesn't
pick you up, what happens You lose hours in your life, days,
maybe your job, maybe your family's trust in the system forever,
the trust that we should have for law enforcement, the
law enforcement that we respect to serve law and order.
Speaker 1: Again, I'm kind of confused. Didn't you just say that
some racisty cop pulled you over on the side of
the road because you look like you were a foreigner
and then said like, I'm going to send you to
ICE and all this. But then on the other hand,
they're like, oh, we respect all the law enforcement officers,
and so the only reason that cop was acting that
way was because a law allowed him to act that way.
And if we just allow any illegal alien to stay,
then cops won't act all racisty or something like. These
arguments are so dumb. They're so dumb. But then again,
I can sympathize. I can. I don't know how I
would defend this crap either. I'm not saying I could
come up with a better argument, not at all. All Right,
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video dot com. Here's a message from James who says,
are there any provisions in the North Carolina House bill
or Senate bill that would allow victims to pursue litigation
against the sheriff and or community leaders should an illegal
be released out into the community and then repeat their
crime or crimes. The Senate version I have in my hands.
I don't have the House I did not print out
the House version. The Senate version states quote A county
in violation of this section shall have waived its governmental immunity.
A county shall shall have waived its immunity from civil
liability in tort if it does not comply with General
Statute one fifty three A five and an unauthorized alien
commits a crime against a person or property within the
corporate limits of the county. So yes, you would be
able to sue the county, the sheriff, the officials personally
and at the governmental level. I don't know if that
provision is in the Senate version or sorry, the House
version that passed yesterday. But if they pass their own versions,
then they will get together with a conference committee and
hammer out revisions and then send them back to the
chambers for sign off for approval. So I hope, I
hope it survives that conference if it isn't already in
the House version. Now, there is a Republican out of
Caberi's county named Brian at Shavaria, and he got up
and spoke to he's a Republican. He says he is
from an immigrant family, and he supports this order. On
a second, gosh, that's twice real, professional pete, he says
he is from an immigrant family and he supports the bill.
Speaker 6: We're closing loopholes because five or so sheriffs have refused
to cooperate with the spirit of this law. And so
while it can be debated like a new bill, it's not.
What it is is a it's addressing abuses of our
current statue. Yes, and as the descendant of legal immigrants.
I know my ninety two year old grandfather who immigrated
from Cuba, agrees with this. He agrees with the idea
that he did it right, that there is a big,
beautiful door, that there is a way to seek asylum,
and that if you came illegally and you're committing a crime,
you're actually begging for a ride back to your country,
whatever country that is.
Speaker 1: Now.
Speaker 6: What's interesting is we like to conflate illegal immigrant an immigrant,
and as a descendant of immigrants, they are not the
same legal immigrants. People who go through the process are
often insulted by the idea that people want to skip
the line, break the law, and not pay the price
for doing so now unfavorably. I also come from a
family well acquainted with consequences, and far too often we
have a conversation in here and someone is attempting to
deliver someone from the consequences of their action. Yes, the
truth is, if you're here illegally, you cross the border,
you're not an asylum seeker. I have family that came
over and over state of visa and it cost them
ten years back in their country before they can apply
to come over again. They paid the price. They are
familiar with consequences.
Speaker 1: This has been one of the I'm so glad, he
said this. This has been one of the unspoken, unreported
tensions inside this debate between legal and illegal immigrants. When
when you look at polling, you see that people who
have come to this country the proper way, the legal way,
and have gotten their citizenship, they've become naturalized citizens, they are,
as he said, insulted. They take great offense at the
others who did not do it correctly and are being rewarded,
or at least they're being told they could be rewarded
with the same prize that people who came legally spent
years and thousands of dollars to achieve. It is insulting
to them. It's not fair. It's also not fair, by
the way, to people from all over the world that
want to come as well, but don't have the luxury
of doing so because they don't live on a connected
land mass. This House measure introduces new pre trial release procedures,
whereby judicial officials would be required to attempt to verify
a defendant's legal residency or citizenship status through questioning, document examination,
or or both. This was the two eighty seven G program, right,
this is what sheriff's offices were doing. Our sheriff's office
was doing this. We were actually a national leader in
the two eighty seven G program, and then this sheriff
scrapped it, got rid of it, promised to do so,
and then did so. So now they're saying, no, you
have to actually try to find out the identity and
residency of the people in your jail. If officials cannot
determine legal status, they must set standard pre trial release
conditions and commit that individual to a detention facility where
they will be fingerprinted. An ICE query on that individual
must be made and the prisoner is held for two
hours and then either be released if there's no detainer
issued or processed under the detainer procedures, if they do
get a detainer request from ICE. And under the approved
bill version, this verification would apply to individuals charged with
any felony, certain Class A one misdemeanors, violations of domestic violence,
protective orders, and impaired driving offenses. The expanded list would
include burglaries, theft, embezzlement, fraud, forgery, and drunk driving. Law
enforcement officers would also receive immunity protection from civil or
criminal liability for actions taken in compliance with these requirements.
So that takes this argument of oh, we're going to
get suit, takes it off the table for Sheriff Gary.
Not my fault, mcfatt. 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 the support
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thank you so much for listening, and don't break anything
while I'm gone.