Speaker 1: What's going on? Thank you so much for listening to
this podcast. It is her live every day from noon
to three on WBT Radio and Charlotte. And if you
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smartphone or tablet. And again, thank you so much for
your support. It is Monday at two o'clock. That means
it's time now to chat with Ap Dylan. She is
a reporter over at the North State Journal at sjonline
dot com and also her substack more to the story.
You can subscribe to that as well. She does a
ton of work for both publications. Welcome, Ap, How are
you this week?
Speaker 2: Goodkie? How are you doing?
Speaker 1: I'm all right, I'm all right. So let's start with
the discipline policies at schools. You wrote about this on
your substack. More to the story that President Donald Trump
issued an executive order that effectively ends the Obama era
disciplined policies. So what were these policies and why is
this a big deal.
Speaker 2: Well, back in twenty fourteen, the Obama administration issued a
Dear Colleague letter. It basically told districts and states that
they're sorry, my little out of brass, that their disciplined
policies had to be taking race into consideration because there
were these activist groups. We're going around the country talking
about how minority students are disciplined at greater rates than
white students were, but none of their data or there's
you know, their presentations ever showed whether or not those
disciplinary actions were actually warranted. So this THEO undoes that one.
Speaker 1: This is along the lines of the and we covered
this a couple of weeks ago when the Supreme Court,
I think they did a ruling on this. I'm sure
I'm drawing. It was the disparate impact where it said
just simply or yeah, simply having a data set that
shows some difference in results based or that is, you know,
correlated maybe but not caused as proof. But to say like, okay,
you've got I think the example I used was firefighters.
You got to be able to lift two hundred pounds
and oh no, women couldn't do the lift men could.
But that doesn't prove that you're discriminating against women. It
just says, we have a standard of two hundred pounds
or three hundred pounds whatever you got to be able
to lift. And but you look at the data and
the outcome and you would then say, oh, that's proof
that disparate impact or outcome is proof of some nefarious motivation.
That's what this sounds like.
Speaker 2: It's very so much to that. It deals with what
the so called school to prison pipeline, where students were
being referred to for legal action for some of their
some of their activities and addition to suspensions, and that
they were going through the juvenile justice system. I mean
these were for things like serious assaults and you know,
bringing a weapons to school. I mean, these weren't for
just little little trifling things where two students got in
the spat. Now, these were these were serious crimes that
were happening on campuses. And so what the dear colleague
letter or do you Obama administration did was basically said, yeah,
you can't be suspending kids, and you have to change
how you're altering your suspension reports and you have to
use left out of school suspensions and so districts broad
in things like restorative justice whereby the student doesn't get
suspended at all, and they just have to tell the
other student they're sorry. And there was an uptick in
school of violence following disorder whoa whoa whoa whoa whoa
whoa wha exploded afterwards.
Speaker 1: Hang on, hang on, hang on. So wait a minute,
So the school to prison pipeline was not shut down
by this approach with restorative justice, So limiting disciplinary action
to get fewer criminals didn't work.
Speaker 2: Nope. In fact, it kind of ties into the juvenile
justice changes that were made to legislation here in North
Carolina in the last year. Yeah, because we were seeing,
you know, all these kids committing these serious crimes like murder,
attempted murder, carjackings, you know, assault with a deadly weapon.
There were at least twenty or thirty of these that
I logged in twenty twenty four alone across North Carolina.
And you know, so these students were obviously, you know,
they were mostly more seventeen nunder. One was as young
as thirteen, I believe. And these kids, you know, are
the types that were being suspended in schools, but no
longer allowed to be given out of school suspensions because
of that former letter. Now some of them were getting
out of school suspensions, but they were short and tenure
and then they could come back in and do this
restorative justice where they basically said sorry to their victim
who had to sit there in a room with them
and basically be laughed at. Yeah, because this was a
joke to these kids.
Speaker 1: Right, And so like there is what I'm thinking of
in like third grade reading, right, third grade being at
grade level in third grade? Right, this has been linked
to like if you're not at grade level by third grade,
chances are you're not going to be very successful. And
like there from what I remember about the research, like
there is a link there. Now, it's not to say
that not being able to read makes you a criminal.
It just means that whatever is going on in your
life in your family that is not helping you to
read at grade level by grade three, those factors persist
and cause negative implications for you down the road. It
seems like the same thing might be going on here
with the quote school to prison pipeline.
Speaker 2: Well, yeah, I mean there's also the components that you know,
the activists will never talk to talk to you about,
and that's like where are the parents, right, where in
the parents and all this thing. And what's interesting is
that for Syze County, Winston Sale and Foresze schools have
had a serious discipline problem and recording fights you know
in the in the halls, mass fights in the halls,
showing up on social media, and uh, last week of
Forsythed Sheriff Bobby Kimbro you know, was asked about this
and he said, you know, basically, where are the parents.
We've got a serious problem about parents not disciplining their
kids in their homes and violence is an all time high.
And there's a video of it on on x which
I linked to in the in the article, and he's
exactly right. There's there's multiple components. Here's you know, a
lot of these kids are coming from families that are
not two parent families that are you know, or they're
living with a relative. There's a lot of frustrations, there's
not a lot of you know, role model of people
in their lives, and they're they're under the gun to,
you know, under peer pressure in certain circumstances to act
out this way. So it's it's got multiple moving parts there.
But when you boil it on down, the watering down
at discipline policies, did them no.
Speaker 1: Favors, No, no, Apparently we are doomed to repeat, you know,
mistakes in cycles, I guess, so we'll go through like
we saw in the eighties with the soft on crime,
light touch approach, and you know the mayhem that resulted
from that. Speaking of mayhem, let's talk about illegal immigration.
You got a piece also more to the story at
your substack about and I haven't heard this name in
a while, Duran Duran. I was not aware. Duran Duran
has no I'm kidding that's it is a bandoning. But
they like this is a kind of an odd name.
Paula Duran Duran twenty five years old. And Miguel Angel
Duran Duran, a brother and sister illegal alien partnership here
who apparently reportedly committed a home invasion and kidnapping. And
this was what in Wake County.
Speaker 2: Yeah, it was a woman and her infant child. And
they had a third accomplish with them who was older
and he's been caught. His name, let me see what
was it again? And Leo Elidoro, Leo Estrada Hernandez, and
he was thirty seven, so clearly he was the brain
trust in this one, he was charged with two counts
of prist greet kidnapping, one count second degree kidnapping, one
count possession of a firearm by a felon, and two
accounts of assault by pointing a firearm. And he took
off and left, you know, after they decided to you know,
demand a million dollars from the family that didn't have it.
This trio took off with the wife and the daughter
and trying to hold him for ransom. The wife and
daughter were returned safely, but Hernandez was in the wind.
But he was captured on May second, and he was
considered one of the fbis most wanted there.
Speaker 1: So we don't know, like, we don't know if the
victims knew these these suspects.
Speaker 2: Yeah, there's not a lot about the victims, and I
don't I don't think that we're going to learn a
lot about them until court case documents are killed. But
I get the feeling that, you know, given the ridiculous
demand that they made of them, that you know, it's
possible they knew each other and that there was an
illegal exchange or transaction that was being argued over. Okay,
So I just have that feeling.
Speaker 1: Yeah, so there, and that's quite possible. So the home
invasion in kidnapping happened. You point out the same day
that Democrats in the General Assembly in Raleigh voted against
a bill that would I call it Gary's Law. That's
what I'm calling it, named after Gary, not my fault McFadden,
our sheriff of meckliberg County, who you also make note of,
one of the main reasons for House Bill three point eighteen.
That's why I call it Gary's Law. And so this
was the same day the home invasion in kidnapping. The
same day Democrats voted against Gary's.
Speaker 2: Law, all except for one, right, YEP, Representative Carla Cunningham,
a Democrat from my Glenberg County, which is where Sheriff
McFadden resides, right, that's his jurisdiction. And she said that
this was about public safety. This is about keeping the
public safety. You know, these are illegal aliens in the country.
They're not here legally, they're committing crimes. This is this
is not this is a no Brainer's pretty much what
she's saying. And she's correct. So if this thing were
to go to avtol over, she could be that one vote.
Speaker 1: M HM gets it fast, AP, We're going to leave
it there. You can read AP's work. She's over at
the North State Journal nsjonline dot com. Also get her
substack at More to the Story, that's the name of it.
More to the Story. AP, good to talk with you
as always, Thanks so much, Thank you, PTE. All right,
take care. That's AP Dylan. All right. If you're listening
to this show, you know I try to keep up
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do too, And you've probably heard me say get your
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with ground News. It's an app and it's a website
and it combines news from around the world in one
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can check it out at check dot ground dot news
slash Pete. I put the link in the podcast description too.
I started using ground News a few months ago and
more recently chose to work with them as an affiliate
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I use the Vantage plan to get unlimited access to
every feature. Your subscription then not only helps my podcast,
but it also supports Ground News as they make the
media landscape more transparent. So we mentioned Sheriff Gary. Not
my fault McFadden, And I know some people think I'm
too tough on him, but I feel like I'm actually
not just pointing out what he is doing, which apparently
a lot of people in Mecklenburg County, mostly Democrats and
Democrat leadership support him doing so. I don't know why
you think that's being hard on the guide, you know,
telling you what he's doing, and he has told you
what he's doing, what he's all about. He does not
believe deportations make America safer. It doesn't make our community safer.
He said that. So the Charlotte Observer piece by Ryan Orley,
who again is funded by a left wing organization called
the Just Trust. But the Observer maintains full editorial control
of its journalism. But they just take money from these
types of organizations. So does NPR by the way. You'll
hear their disclaimers too, that you know this reporting was
made possible by a grant from Planned Parenthood, actually Planned
Parenthood sponsored. I think it was Politico's playbook the other day,
like for like a whole week plan brought to you
by Planned Parenthood. Oh wow, do you think they're gonna
do anything critical about Planned Parenthood? Yeah, probably not so.
I mentioned that ICE has picked up people at the
courthouse in Mecklamurke County. We went over this, what was
it like a week a week and a half ago
when not my fault, mcfatten got very upset at ICE
detaining somebody outside the courthouse and the person tried to
I think they tried to flee. But regardless, this is
what ICE has been doing. They've been scooping up people,
grabbing them up before they can get too far outside
of the outside of the courthouse. When they when they
leave the jail the jail for people who don't know,
the jail and the courthouse are connected buildings, right, so
they come out when they get released, after they've bonded out,
ICE is standing out there and they pick them up.
And this has caused great concern. Oh my gosh, concern, concern,
and there are activists, lawyers and they are calling up
the sheriff and like, oh my gosh, Ice is out front.
Oh my gosh, I feel unsafe in all of this.
So Ice has apparently arrested. According to the Charlotte Observer
report by Ryan Orley, four people have been picked up
outside the Mecklinburg County Courthouse last month, alarming some lawyers
and leading Sheriff Gary mcfeddin to again call for the
agency to work with him. See this is democrat privilege.
Democrats just get to say this stuff. I call for
you to work with me. Yeah. Ice has told you
how to work with them. Ice has made it clear
this is how you can help us, and he doesn't
want to do that. So what else is there? He
hasn't laid out anything specific. This is why the state
legislature is now coming after him again with another piece
of legislation to tighten the loophole that he is using.
Because I don't know when to count the forty eight
hours on the on the detainer. When do I start
that clock running? And Gary wants to start it running
as soon as somebody walks in the door, so he'll
type the you know, they'll type the person's name into
the system and they're like, oh, you're not a citizen.
Oh we can't identify you, where are you from? And
all this. So then they are required now thanks to
House built ten a year or so ago, that forced
the sheriffs to actually identify the people in their jails
and then alert ICE. Hey, we got somebody in our
jail that is an illegal alien. So now he alerts ICE,
and in his mind, that's when the forty eight hours starts,
and that's all he needs to do. He doesn't have
to do anything else. What ICE requests in their detainer
is that when the person is about to be released,
that's when you need to call us. And here's our
phone number, and if you can't get us at this number,
here's the general phone number after hours number. So they
give them all this information on the detainer request, and
Gary says, I don't have to make that call. That's
not required. It's a voluntary ask from ICE. The detainer requests.
It's right there in the name detainer request, so sheriffs
can say no. And when you do say no, by
the way, and you do not cooperate with ICE, then
you get tagged with the Sanctuary sheriff name. And that's
why Gary McFadden has that tag, and he doesn't like
that tag, but that's how you get the tag when
you dismantle the two eighty seven g program, when you
run on campaign platform of not cooperating with ICE, when
you have a record of letting people out of your
jail that had detainer requests on them, and you have
a history of not a larning ICE. After a law
gets passed to try to bring you into line, and
then you find another way around the law. See, all
of those things kind of culminate into this moniker of
Sanctuary Sheriff. That's how you get that moniker. Like, I'm
not sure he's aware that because he seems very upset
at at the tag. So I just try to be helpful. Here,
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Charlotte Observer Reporting to an Effect. Check questions and answers
about immigration, ice and more in Charlotte, and it says
ICE arrested four people outside the Mecklenburg County courthouse last month,
alarming some lawyers and leading Sheriff Gary McFadden to again
call for the agency to work with him. It's very
unusual for the federal agency to conduct out conduct arrests
outside the courthouse, said Eddie Thomas, who oversees the Violent
Crimes team at the local Public Defender's Office. Yes, it
has been unusual. That's because we had an administration prior
to this one that did not allow anybody to enter
any courthouses or sensitive areas. In the light, it hasn't
been a focus. Enforcing the law has not been a focus.
So now this is the new norm. This is now
the usual. He remembered that happening once or twice during
Trump's last administration. Trump's borders are Tom Homan told Observer
partner WSOC to expect more arrests outside a courthouse. Charlotte's
Immigration court needs more funding too. Local immigration attorney Andres
Lopez said there were two ways to carry out a
mass deportation campaign. Either Congress could give more funding to
immigration court so due process could happen at a quicker pace,
or the government could outright deny that due process. Well,
there's actually a third way we went over at last hour,
which was to pay people to self deport right, pay
for their airfare, give them a one thousand dollars gift,
a stipend, and go. And that's cheaper than running through
this whole process. And it costs like seventeen thousand dollars
on average per deportation. Tom Tillis, US senator from North
Carolina called Mecklenburg County a sanctuary county. True, So that's
a fact check of Tillis. The term is used liberally
by Tillis and other politicians. In a social media post
labeling Mecklenburg and eight other North Carolina counties as sanctuaries,
Tillis said they quote refused to cooperate with law federal
law enforcement and instead shield dangerous criminal illegals. Some other
places have embraced the term. By California, former Governor Jerry
Brown signed a bill to make California a sanctuary state.
See once again, like the right did not come up
with this term, the left did. You Guys on the left,
you celebrated that you would provide sanctuary and So when
the right sees you doing this and uses your term, now,
it's oh, now it's a bad thing. Oh, you're using
it differently. No, the term is neutral. It's describing a
particular condition. And I would submit the reason why you
feel somewhat embarrassed by getting labeled as a sanctuary place
or a sanctuary sheriff or whatever is because the condition
is embarrassing. It's like you don't want people to think
ill of you. You don't want people to Oh no, no,
I'm doing the right thing. Why won't you understand this
is the right thing to do. They disagree with you.
I disagree with you. No, you shouldn't be doing this.
State law requires sheriffs to honor the ICE requests, the
detainer requests that people be held for forty eight hours
when they're found to not have legal status. That's a
long way of saying an illegal alien to Those requests
are called detainers. But the sheriff now says he is
honoring ice detainers, Well, that was because a house built
ten right, House Bill ten said he had to. But
he still found the loophole. And that's what the next
legislation that is being weighed right now in Raleigh is
all about. So is McFadden following the law when it
comes to Ice? Is the question that is asked in
the fact check, and the reporter finds yes, he is
following the law. McFadden's staff checks whether somebody booked into
the county jail is legally in the United States when
they according to his office, when they are not, they
send a notice to ICE through a computer system. If
ICE wants that person, the agency can collect them up
to forty eight hours after the notice. See what did
I say earlier? McFadden starts the clock the forty eight hours.
He starts the clock at intake. And what Ice has
asked is a phone call before you're going to release.
When you know the guy is bonding out right, or
they're going in front of the magistrate, they're going to
get released, they're going before a judge, they're going to
get released, you need to call Ice. And then once
he is like okay, you can go, the magistrate releases you.
That's when ICE is asking for the forty eight hours
so they can come get him. And that's what McFadden
is not doing. The Sheriff's office has been sending notice
to Ice, but Ice has asked for a phone call.
They don't tell you when, but the phone call they
want is when the guy is getting released. The Sheriff's
Association of the State of North Carolina, the executive vice
president and general Counsel Eddie Caldwell, said ICE would prefer
for that forty eight hours notice instead of being at
the front end of the process, to be at the
back end of the process when the person is about
to be released. So this House Bill three eighteen is
essentially a procedural fix, is what he called it. And
then I don't know why this is relevant to the
fact check about whether McFadden is cooperating or not with ICE.
But the last question to fact check is do immigrants
commit more crime than other people? And the fact checker
says no. Northwest University did a study that over one
hundred and fifty years, immigrants have been less likely to
be incarcerated than US born citizens. See. But here's the
problem with this stat and I have no reason to
doubt that at all. It makes sense, especially illegal aliens.
They're trying to stay under the radar. They don't want
to get caught because if they get caught, they may
get sent home. Right so they don't want to get caught. This,
by the way, also makes it easier for people to
exploit them. You can have employers that pay them next
to nothing, put them up in housing that is terrible
cramp you know, forty people into a home and you know,
basically have indentured servants, and then threaten them with deportation
if they try to speak up for themselves. Right, You've
created a system that exploits these people. That's not humane.
So the other thing, though, is that any crime that
is committed by an illegal alien should not have been
committed in the first place because they should not be here.
So it's not a matter of comparing an illegal alien
population to a native born population. It's comparing the illegal
alien crime numbers to zero, because that's what it should be.
It should be zero. That's it. That's the comparison. But
they always want to make this argument that somehow or another,
everybody is saying that they're more violent or more you know,
there are more criminals in that population. I've never made
that argument. To me, it's irrelevant. It's like the drunk
driver example. Drunk drivers sitting at a stoplight and gets
hit from behind. You're still going to get sighted for
drunk driving because you should not have been on the road.
You're drunk. Same deal. Now, McFadden put out a statement
and the Sheriff's Association put out a statement. I've got
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create a video dot com. I promised you the statements
from Sheriff Gary McFadden and the North Carolina Sheriff Association.
So here is the statement first from McFadden. The MECKLAMERC
County Sheriff's Office will consistently adhere to the law as
we have done in the past with the North Carolina
General Statue one sixty two, sixty two a b C.
House Bill ten, and House Bill three eighteen. Should it
become law. Mecklenberg Sheriff's Office will also comply with that
law along with all judicial signed orders, indictments, and ritz
to legally transfer someone from state custody to federal custody.
So once again, he's very specific in this language for
a reason because deportation ice proceedings are civil, so he
wants he wants judges. But see that's not what detainers are.
They don't come from judges. That's why he always says this.
As always, we will honor all criminal warrants, both state
and federal. During each arrest. We will continue to work. Sorry.
We will continue to ask the pertinent questions regarding citizenship status.
Should we be unable to determine citizenship of a possible
undocumented person, we will contact Immigration Customs and Enforcement and
provide them with the necessary information. Additionally, if staff receives
a federal civil detainer accompanied by a federal civil warrant
issued by an ICE officer, we will accept both documents
and have a Mecklinburg County deputy present the undocumented immigrant
with both civil documents to a state magistrate to seek
probab cause for an additional forty eight hour hold after
they have met all the conditions for their release. With
that said, House Built three eighteen, like its predecessor, House
Built ten, still fails to rectify the legal issue of
transferring an undocumented immigrant with pending state charges to ICE
for civil immigration proceedings. ICE agents must obtain a judicial
writ for Mecklenberg Sheriff's office to legally transfer custody. See
this is why they are arresting them outside the courthouse. Gary.
They're not dealing with your with your stuff. Okay, they're
not dealing with you. You can you can play the victim
because that's what he does. He's either the hero or
the victim. He's playing victim, like I'm trying to do
all of these things and I just won't cooberate with me. No,
he's he's very specific in this language. He says, regardless
of notifying ICE of an individual's status or release time,
this still does not resolve the legal limitation on transfer.
Speaker 2: Right.
Speaker 1: So you know what, just give him a call, give
him a heads up the forty eight hours, call them,
and then you don't have to worry about it. You're
so worried about being sued. Right, supposedly that's the cover story.
Oh I'm so worried. I'm gonna get it sued. Even
though like ninety five other sheriffs around the state do
cooperate fully with ICE, do effectuate these transfers, and none
of them have been sued. Keep hearing about this potential
threat for litigation. Yet nobody has been sued over this stuff.
But I'm sure it's a totally legitimate concern. So we'll
take that off your plate. How about that, We'll solve
this liability concern for you. We will just pick them
up outside your courthouse. But oh no, no, eh, I can't believe.
I got people make of these arrests outside the corner too. Yeah,
they're allowed to do that. You have no control. It's
almost as if he doesn't want to cooperate. I know,
it's like crazy, but anyway. Next up here is from
the Sheriff's Association statement House Built ten, which was the
one that was approved last year. If the jail staff
is unable to determine if that prisoner is a legal
resident or citizen of the US, then the jail staff
is required to follow certain specified procedures. Okay. This was
to force sheriff's offices to identify illegal aliens in custody.
They had to force some sheriffs to do this. By Gary,
it is our understanding and firm belief that all North
Carolina sheriffs are fully complying with the legal requirements in
General Statute one sixty two, Disk six two, and we
have seen no information or indication to the contrary. Okay.
So the Sheriff Association says that now that the law
specified you have to identify everybody in the jail and
you have to alert ice. Now they are complying. So
McFadden is complying with that and by the way, I've
seen or heard no reports otherwise. But he is still
not fully cooperating. He's not acting in good faith. He's
trying to find ways loopholes around helping ICE deport people
because Gary mcfatten has said he doesn't believe deportation will
solve the illegal immigration problem. They then go on to
say the Sheriff Association says, we acknowledge that Immigration and
Customs Enforcement would prefer that sheriffs honor the request of
ICE to voluntarily take additional actions beyond those required by
state or federal law, including number one, honoring immigration detainers
for forty eight hours beyond the time that the prisoner
would otherwise be released. Right, So to start the clock
running at the end, not at the beginning, Gary starts
it at the beginning, notifying ICE forty eight hours before
the prisoner would be released from jail. Gary doesn't make
that call. Some sheriffs comply with these voluntary requests from ICE,
and others do not, Like not my fault, macfadden. In
either case, the sheriffs are fully complying with both state
and federal law, since the requests from ICE are voluntary
and are not required by state or federal law, nor
by court order. Once again, I'm not aware of anybody
making these arguments that McFadden is violating the law. He
is violating the spirit of the law. He is acting
in bad faith by trying to find every which way
he can to not fully cooperate. When Ice asks you
to do something and you have the ability to say no,
and then you say no, you don't then get to say,
but I want to cooperate because you were given an
opportunity to cooperate voluntarily and refre used, right, and so
now the state is coming back and you're like, okay,
let's go ahead and close that little loophole for you.
And they go on to say, we believe all sheriffs
are fully complying with the current legal requirements. We are
confident that if House Bill three eighteen is enacted into law,
all sheriffs will comply with that law as well. We
shall see, you know, we shall see. I again, I
have no evidence or have heard no reports that any
sheriff is violating the law the letter of the law.
But we'll see if Gary can find another loophole after
the fact. All right, that'll do it for this episode.
Thank you so much for listening. I could not do
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