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

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this podcast. It is her live every day from noon

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to three on WBT Radio and Charlotte. And if you

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subscribe button. Get every episode for free right to your

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smartphone or tablet. And again, thank you so much for

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your support. It is Monday at two o'clock. That means

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it's time now to chat with Ap Dylan. She is

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a reporter over at the North State Journal at sjonline

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dot com and also her substack more to the story.

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You can subscribe to that as well. She does a

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ton of work for both publications. Welcome, Ap, How are

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you this week?

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Speaker 2: Goodkie? How are you doing?

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Speaker 1: I'm all right, I'm all right. So let's start with

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the discipline policies at schools. You wrote about this on

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your substack. More to the story that President Donald Trump

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issued an executive order that effectively ends the Obama era

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disciplined policies. So what were these policies and why is

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this a big deal.

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Speaker 2: Well, back in twenty fourteen, the Obama administration issued a

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Dear Colleague letter. It basically told districts and states that

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they're sorry, my little out of brass, that their disciplined

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policies had to be taking race into consideration because there

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were these activist groups. We're going around the country talking

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about how minority students are disciplined at greater rates than

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white students were, but none of their data or there's

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you know, their presentations ever showed whether or not those

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disciplinary actions were actually warranted. So this THEO undoes that one.

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Speaker 1: This is along the lines of the and we covered

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this a couple of weeks ago when the Supreme Court,

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I think they did a ruling on this. I'm sure

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I'm drawing. It was the disparate impact where it said

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just simply or yeah, simply having a data set that

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shows some difference in results based or that is, you know,

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correlated maybe but not caused as proof. But to say like, okay,

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you've got I think the example I used was firefighters.

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You got to be able to lift two hundred pounds

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and oh no, women couldn't do the lift men could.

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But that doesn't prove that you're discriminating against women. It

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just says, we have a standard of two hundred pounds

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or three hundred pounds whatever you got to be able

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to lift. And but you look at the data and

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the outcome and you would then say, oh, that's proof

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that disparate impact or outcome is proof of some nefarious motivation.

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That's what this sounds like.

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Speaker 2: It's very so much to that. It deals with what

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the so called school to prison pipeline, where students were

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being referred to for legal action for some of their

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some of their activities and addition to suspensions, and that

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they were going through the juvenile justice system. I mean

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these were for things like serious assaults and you know,

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bringing a weapons to school. I mean, these weren't for

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just little little trifling things where two students got in

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the spat. Now, these were these were serious crimes that

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were happening on campuses. And so what the dear colleague

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letter or do you Obama administration did was basically said, yeah,

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you can't be suspending kids, and you have to change

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how you're altering your suspension reports and you have to

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use left out of school suspensions and so districts broad

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in things like restorative justice whereby the student doesn't get

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suspended at all, and they just have to tell the

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other student they're sorry. And there was an uptick in

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school of violence following disorder whoa whoa whoa whoa whoa

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whoa wha exploded afterwards.

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Speaker 1: Hang on, hang on, hang on. So wait a minute,

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So the school to prison pipeline was not shut down

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by this approach with restorative justice, So limiting disciplinary action

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to get fewer criminals didn't work.

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Speaker 2: Nope. In fact, it kind of ties into the juvenile

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justice changes that were made to legislation here in North

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Carolina in the last year. Yeah, because we were seeing,

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you know, all these kids committing these serious crimes like murder,

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attempted murder, carjackings, you know, assault with a deadly weapon.

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There were at least twenty or thirty of these that

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I logged in twenty twenty four alone across North Carolina.

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And you know, so these students were obviously, you know,

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they were mostly more seventeen nunder. One was as young

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as thirteen, I believe. And these kids, you know, are

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the types that were being suspended in schools, but no

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longer allowed to be given out of school suspensions because

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of that former letter. Now some of them were getting

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out of school suspensions, but they were short and tenure

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and then they could come back in and do this

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restorative justice where they basically said sorry to their victim

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who had to sit there in a room with them

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and basically be laughed at. Yeah, because this was a

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joke to these kids.

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Speaker 1: Right, And so like there is what I'm thinking of

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in like third grade reading, right, third grade being at

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grade level in third grade? Right, this has been linked

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to like if you're not at grade level by third grade,

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chances are you're not going to be very successful. And

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like there from what I remember about the research, like

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there is a link there. Now, it's not to say

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that not being able to read makes you a criminal.

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It just means that whatever is going on in your

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life in your family that is not helping you to

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read at grade level by grade three, those factors persist

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and cause negative implications for you down the road. It

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seems like the same thing might be going on here

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with the quote school to prison pipeline.

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Speaker 2: Well, yeah, I mean there's also the components that you know,

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the activists will never talk to talk to you about,

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and that's like where are the parents, right, where in

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the parents and all this thing. And what's interesting is

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that for Syze County, Winston Sale and Foresze schools have

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had a serious discipline problem and recording fights you know

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in the in the halls, mass fights in the halls,

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showing up on social media, and uh, last week of

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Forsythed Sheriff Bobby Kimbro you know, was asked about this

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and he said, you know, basically, where are the parents.

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We've got a serious problem about parents not disciplining their

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kids in their homes and violence is an all time high.

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And there's a video of it on on x which

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I linked to in the in the article, and he's

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exactly right. There's there's multiple components. Here's you know, a

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lot of these kids are coming from families that are

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not two parent families that are you know, or they're

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living with a relative. There's a lot of frustrations, there's

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not a lot of you know, role model of people

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in their lives, and they're they're under the gun to,

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you know, under peer pressure in certain circumstances to act

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out this way. So it's it's got multiple moving parts there.

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But when you boil it on down, the watering down

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at discipline policies, did them no.

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Speaker 1: Favors, No, no, Apparently we are doomed to repeat, you know,

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mistakes in cycles, I guess, so we'll go through like

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we saw in the eighties with the soft on crime,

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light touch approach, and you know the mayhem that resulted

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from that. Speaking of mayhem, let's talk about illegal immigration.

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You got a piece also more to the story at

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your substack about and I haven't heard this name in

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a while, Duran Duran. I was not aware. Duran Duran

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has no I'm kidding that's it is a bandoning. But

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they like this is a kind of an odd name.

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Paula Duran Duran twenty five years old. And Miguel Angel

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Duran Duran, a brother and sister illegal alien partnership here

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who apparently reportedly committed a home invasion and kidnapping. And

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this was what in Wake County.

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Speaker 2: Yeah, it was a woman and her infant child. And

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they had a third accomplish with them who was older

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and he's been caught. His name, let me see what

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was it again? And Leo Elidoro, Leo Estrada Hernandez, and

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he was thirty seven, so clearly he was the brain

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trust in this one, he was charged with two counts

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of prist greet kidnapping, one count second degree kidnapping, one

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count possession of a firearm by a felon, and two

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accounts of assault by pointing a firearm. And he took

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off and left, you know, after they decided to you know,

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demand a million dollars from the family that didn't have it.

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This trio took off with the wife and the daughter

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and trying to hold him for ransom. The wife and

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daughter were returned safely, but Hernandez was in the wind.

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But he was captured on May second, and he was

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considered one of the fbis most wanted there.

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Speaker 1: So we don't know, like, we don't know if the

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victims knew these these suspects.

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Speaker 2: Yeah, there's not a lot about the victims, and I

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don't I don't think that we're going to learn a

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lot about them until court case documents are killed. But

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I get the feeling that, you know, given the ridiculous

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demand that they made of them, that you know, it's

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possible they knew each other and that there was an

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illegal exchange or transaction that was being argued over. Okay,

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So I just have that feeling.

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Speaker 1: Yeah, so there, and that's quite possible. So the home

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invasion in kidnapping happened. You point out the same day

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that Democrats in the General Assembly in Raleigh voted against

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a bill that would I call it Gary's Law. That's

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what I'm calling it, named after Gary, not my fault McFadden,

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our sheriff of meckliberg County, who you also make note of,

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one of the main reasons for House Bill three point eighteen.

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That's why I call it Gary's Law. And so this

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was the same day the home invasion in kidnapping. The

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same day Democrats voted against Gary's.

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Speaker 2: Law, all except for one, right, YEP, Representative Carla Cunningham,

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a Democrat from my Glenberg County, which is where Sheriff

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McFadden resides, right, that's his jurisdiction. And she said that

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this was about public safety. This is about keeping the

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public safety. You know, these are illegal aliens in the country.

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They're not here legally, they're committing crimes. This is this

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is not this is a no Brainer's pretty much what

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she's saying. And she's correct. So if this thing were

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to go to avtol over, she could be that one vote.

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Speaker 1: M HM gets it fast, AP, We're going to leave

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it there. You can read AP's work. She's over at

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the North State Journal nsjonline dot com. Also get her

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substack at More to the Story, that's the name of it.

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More to the Story. AP, good to talk with you

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as always, Thanks so much, Thank you, PTE. All right,

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take care. That's AP Dylan. All right. If you're listening

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to this show, you know I try to keep up

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with all sorts of current events, and I know you

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do too, And you've probably heard me say get your

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news from multiple sources. Why well, because it's how you

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detect media bias, which is why I've been so impressed

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with ground News. It's an app and it's a website

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and it combines news from around the world in one

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place so you can compare coverage and verify information. You

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can check it out at check dot ground dot news

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slash Pete. I put the link in the podcast description too.

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I started using ground News a few months ago and

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more recently chose to work with them as an affiliate

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because it lets me see clearly how stories get covered

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and by whom. The blind spot feature shows you which

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stories get ignored by the left and the right. See

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for yourself. Check Dot Ground, dot News slash pete. Subscribe

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through that link and you'll get fifteen percent off any subscription.

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every feature. Your subscription then not only helps my podcast,

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but it also supports Ground News as they make the

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media landscape more transparent. So we mentioned Sheriff Gary. Not

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my fault McFadden, And I know some people think I'm

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too tough on him, but I feel like I'm actually

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not just pointing out what he is doing, which apparently

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a lot of people in Mecklenburg County, mostly Democrats and

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Democrat leadership support him doing so. I don't know why

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you think that's being hard on the guide, you know,

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telling you what he's doing, and he has told you

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what he's doing, what he's all about. He does not

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believe deportations make America safer. It doesn't make our community safer.

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He said that. So the Charlotte Observer piece by Ryan Orley,

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who again is funded by a left wing organization called

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the Just Trust. But the Observer maintains full editorial control

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of its journalism. But they just take money from these

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types of organizations. So does NPR by the way. You'll

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hear their disclaimers too, that you know this reporting was

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made possible by a grant from Planned Parenthood, actually Planned

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Parenthood sponsored. I think it was Politico's playbook the other day,

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like for like a whole week plan brought to you

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by Planned Parenthood. Oh wow, do you think they're gonna

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do anything critical about Planned Parenthood? Yeah, probably not so.

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I mentioned that ICE has picked up people at the

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courthouse in Mecklamurke County. We went over this, what was

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it like a week a week and a half ago

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when not my fault, mcfatten got very upset at ICE

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detaining somebody outside the courthouse and the person tried to

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I think they tried to flee. But regardless, this is

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what ICE has been doing. They've been scooping up people,

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grabbing them up before they can get too far outside

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of the outside of the courthouse. When they when they

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leave the jail the jail for people who don't know,

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the jail and the courthouse are connected buildings, right, so

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they come out when they get released, after they've bonded out,

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ICE is standing out there and they pick them up.

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And this has caused great concern. Oh my gosh, concern, concern,

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and there are activists, lawyers and they are calling up

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the sheriff and like, oh my gosh, Ice is out front.

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Oh my gosh, I feel unsafe in all of this.

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So Ice has apparently arrested. According to the Charlotte Observer

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report by Ryan Orley, four people have been picked up

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outside the Mecklinburg County Courthouse last month, alarming some lawyers

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and leading Sheriff Gary mcfeddin to again call for the

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agency to work with him. See this is democrat privilege.

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Democrats just get to say this stuff. I call for

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you to work with me. Yeah. Ice has told you

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how to work with them. Ice has made it clear

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this is how you can help us, and he doesn't

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want to do that. So what else is there? He

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hasn't laid out anything specific. This is why the state

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legislature is now coming after him again with another piece

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of legislation to tighten the loophole that he is using.

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Because I don't know when to count the forty eight

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hours on the on the detainer. When do I start

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that clock running? And Gary wants to start it running

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as soon as somebody walks in the door, so he'll

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type the you know, they'll type the person's name into

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the system and they're like, oh, you're not a citizen.

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Oh we can't identify you, where are you from? And

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all this. So then they are required now thanks to

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House built ten a year or so ago, that forced

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the sheriffs to actually identify the people in their jails

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and then alert ICE. Hey, we got somebody in our

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jail that is an illegal alien. So now he alerts ICE,

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and in his mind, that's when the forty eight hours starts,

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and that's all he needs to do. He doesn't have

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to do anything else. What ICE requests in their detainer

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is that when the person is about to be released,

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that's when you need to call us. And here's our

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phone number, and if you can't get us at this number,

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here's the general phone number after hours number. So they

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give them all this information on the detainer request, and

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Gary says, I don't have to make that call. That's

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not required. It's a voluntary ask from ICE. The detainer requests.

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It's right there in the name detainer request, so sheriffs

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can say no. And when you do say no, by

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the way, and you do not cooperate with ICE, then

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you get tagged with the Sanctuary sheriff name. And that's

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why Gary McFadden has that tag, and he doesn't like

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that tag, but that's how you get the tag when

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you dismantle the two eighty seven g program, when you

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run on campaign platform of not cooperating with ICE, when

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you have a record of letting people out of your

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jail that had detainer requests on them, and you have

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a history of not a larning ICE. After a law

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gets passed to try to bring you into line, and

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then you find another way around the law. See, all

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of those things kind of culminate into this moniker of

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Sanctuary Sheriff. That's how you get that moniker. Like, I'm

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00:17:31,480 --> 00:17:33,640
not sure he's aware that because he seems very upset

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00:17:33,640 --> 00:17:36,319
at at the tag. So I just try to be helpful. Here,

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here's a great idea. How about making an escape to

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proximity to all the local attractions with hot tubs, fireplaces,

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Charlotte Observer Reporting to an Effect. Check questions and answers

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00:18:55,960 --> 00:19:02,960
about immigration, ice and more in Charlotte, and it says

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00:19:03,000 --> 00:19:06,319
ICE arrested four people outside the Mecklenburg County courthouse last month,

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00:19:06,440 --> 00:19:09,279
alarming some lawyers and leading Sheriff Gary McFadden to again

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call for the agency to work with him. It's very

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unusual for the federal agency to conduct out conduct arrests

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outside the courthouse, said Eddie Thomas, who oversees the Violent

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Crimes team at the local Public Defender's Office. Yes, it

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00:19:26,960 --> 00:19:31,279
has been unusual. That's because we had an administration prior

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to this one that did not allow anybody to enter

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any courthouses or sensitive areas. In the light, it hasn't

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been a focus. Enforcing the law has not been a focus.

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00:19:44,640 --> 00:19:48,240
So now this is the new norm. This is now

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the usual. He remembered that happening once or twice during

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Trump's last administration. Trump's borders are Tom Homan told Observer

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00:19:56,880 --> 00:20:04,000
partner WSOC to expect more arrests outside a courthouse. Charlotte's

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00:20:04,000 --> 00:20:10,039
Immigration court needs more funding too. Local immigration attorney Andres

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Lopez said there were two ways to carry out a

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mass deportation campaign. Either Congress could give more funding to

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immigration court so due process could happen at a quicker pace,

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or the government could outright deny that due process. Well,

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there's actually a third way we went over at last hour,

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which was to pay people to self deport right, pay

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for their airfare, give them a one thousand dollars gift,

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a stipend, and go. And that's cheaper than running through

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this whole process. And it costs like seventeen thousand dollars

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on average per deportation. Tom Tillis, US senator from North

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Carolina called Mecklenburg County a sanctuary county. True, So that's

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a fact check of Tillis. The term is used liberally

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by Tillis and other politicians. In a social media post

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labeling Mecklenburg and eight other North Carolina counties as sanctuaries,

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Tillis said they quote refused to cooperate with law federal

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law enforcement and instead shield dangerous criminal illegals. Some other

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places have embraced the term. By California, former Governor Jerry

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Brown signed a bill to make California a sanctuary state.

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See once again, like the right did not come up

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with this term, the left did. You Guys on the left,

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you celebrated that you would provide sanctuary and So when

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the right sees you doing this and uses your term, now,

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it's oh, now it's a bad thing. Oh, you're using

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it differently. No, the term is neutral. It's describing a

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particular condition. And I would submit the reason why you

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feel somewhat embarrassed by getting labeled as a sanctuary place

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or a sanctuary sheriff or whatever is because the condition

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is embarrassing. It's like you don't want people to think

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ill of you. You don't want people to Oh no, no,

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I'm doing the right thing. Why won't you understand this

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is the right thing to do. They disagree with you.

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00:22:31,079 --> 00:22:33,720
I disagree with you. No, you shouldn't be doing this.

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00:22:35,440 --> 00:22:39,960
State law requires sheriffs to honor the ICE requests, the

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detainer requests that people be held for forty eight hours

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00:22:43,680 --> 00:22:46,599
when they're found to not have legal status. That's a

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00:22:46,599 --> 00:22:51,640
long way of saying an illegal alien to Those requests

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00:22:51,640 --> 00:22:55,279
are called detainers. But the sheriff now says he is

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00:22:55,440 --> 00:22:59,599
honoring ice detainers, Well, that was because a house built

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00:22:59,599 --> 00:23:05,880
ten right, House Bill ten said he had to. But

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00:23:06,839 --> 00:23:09,799
he still found the loophole. And that's what the next

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00:23:09,960 --> 00:23:12,960
legislation that is being weighed right now in Raleigh is

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all about. So is McFadden following the law when it

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00:23:17,960 --> 00:23:21,119
comes to Ice? Is the question that is asked in

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00:23:21,200 --> 00:23:26,160
the fact check, and the reporter finds yes, he is

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00:23:26,200 --> 00:23:31,160
following the law. McFadden's staff checks whether somebody booked into

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the county jail is legally in the United States when

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00:23:34,599 --> 00:23:37,440
they according to his office, when they are not, they

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00:23:37,480 --> 00:23:40,680
send a notice to ICE through a computer system. If

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ICE wants that person, the agency can collect them up

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to forty eight hours after the notice. See what did

394
00:23:48,519 --> 00:23:52,920
I say earlier? McFadden starts the clock the forty eight hours.

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He starts the clock at intake. And what Ice has

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00:23:57,440 --> 00:24:01,920
asked is a phone call before you're going to release.

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00:24:02,039 --> 00:24:05,559
When you know the guy is bonding out right, or

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00:24:05,599 --> 00:24:07,200
they're going in front of the magistrate, they're going to

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00:24:07,240 --> 00:24:10,519
get released, they're going before a judge, they're going to

400
00:24:10,599 --> 00:24:15,359
get released, you need to call Ice. And then once

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00:24:15,400 --> 00:24:19,640
he is like okay, you can go, the magistrate releases you.

402
00:24:20,319 --> 00:24:22,519
That's when ICE is asking for the forty eight hours

403
00:24:22,519 --> 00:24:25,200
so they can come get him. And that's what McFadden

404
00:24:25,319 --> 00:24:28,759
is not doing. The Sheriff's office has been sending notice

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00:24:28,799 --> 00:24:31,359
to Ice, but Ice has asked for a phone call.

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They don't tell you when, but the phone call they

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want is when the guy is getting released. The Sheriff's

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00:24:39,799 --> 00:24:42,599
Association of the State of North Carolina, the executive vice

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00:24:42,640 --> 00:24:47,000
president and general Counsel Eddie Caldwell, said ICE would prefer

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00:24:47,519 --> 00:24:50,640
for that forty eight hours notice instead of being at

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the front end of the process, to be at the

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00:24:52,359 --> 00:24:54,559
back end of the process when the person is about

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00:24:54,640 --> 00:24:59,160
to be released. So this House Bill three eighteen is

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00:24:59,400 --> 00:25:03,000
essentially a procedural fix, is what he called it. And

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00:25:03,039 --> 00:25:06,319
then I don't know why this is relevant to the

416
00:25:06,440 --> 00:25:11,440
fact check about whether McFadden is cooperating or not with ICE.

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00:25:11,519 --> 00:25:14,599
But the last question to fact check is do immigrants

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00:25:14,640 --> 00:25:18,319
commit more crime than other people? And the fact checker

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00:25:18,359 --> 00:25:22,799
says no. Northwest University did a study that over one

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00:25:22,880 --> 00:25:25,200
hundred and fifty years, immigrants have been less likely to

421
00:25:25,240 --> 00:25:29,440
be incarcerated than US born citizens. See. But here's the

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00:25:29,480 --> 00:25:31,440
problem with this stat and I have no reason to

423
00:25:31,480 --> 00:25:35,039
doubt that at all. It makes sense, especially illegal aliens.

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00:25:35,319 --> 00:25:37,440
They're trying to stay under the radar. They don't want

425
00:25:37,440 --> 00:25:39,160
to get caught because if they get caught, they may

426
00:25:39,160 --> 00:25:42,440
get sent home. Right so they don't want to get caught. This,

427
00:25:42,599 --> 00:25:44,400
by the way, also makes it easier for people to

428
00:25:44,480 --> 00:25:48,480
exploit them. You can have employers that pay them next

429
00:25:48,480 --> 00:25:52,400
to nothing, put them up in housing that is terrible

430
00:25:52,839 --> 00:25:56,799
cramp you know, forty people into a home and you know,

431
00:25:56,880 --> 00:26:00,759
basically have indentured servants, and then threaten them with deportation

432
00:26:00,880 --> 00:26:04,480
if they try to speak up for themselves. Right, You've

433
00:26:04,519 --> 00:26:10,160
created a system that exploits these people. That's not humane.

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00:26:10,440 --> 00:26:16,839
So the other thing, though, is that any crime that

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00:26:17,039 --> 00:26:20,240
is committed by an illegal alien should not have been

436
00:26:21,559 --> 00:26:23,559
committed in the first place because they should not be here.

437
00:26:25,160 --> 00:26:28,039
So it's not a matter of comparing an illegal alien

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00:26:28,039 --> 00:26:32,680
population to a native born population. It's comparing the illegal

439
00:26:32,720 --> 00:26:37,759
alien crime numbers to zero, because that's what it should be.

440
00:26:37,839 --> 00:26:43,480
It should be zero. That's it. That's the comparison. But

441
00:26:43,519 --> 00:26:46,119
they always want to make this argument that somehow or another,

442
00:26:46,160 --> 00:26:48,960
everybody is saying that they're more violent or more you know,

443
00:26:49,720 --> 00:26:52,119
there are more criminals in that population. I've never made

444
00:26:52,160 --> 00:26:55,039
that argument. To me, it's irrelevant. It's like the drunk

445
00:26:55,119 --> 00:26:59,319
driver example. Drunk drivers sitting at a stoplight and gets

446
00:26:59,440 --> 00:27:01,839
hit from behind. You're still going to get sighted for

447
00:27:01,880 --> 00:27:04,240
drunk driving because you should not have been on the road.

448
00:27:04,920 --> 00:27:09,359
You're drunk. Same deal. Now, McFadden put out a statement

449
00:27:09,400 --> 00:27:12,119
and the Sheriff's Association put out a statement. I've got

450
00:27:12,160 --> 00:27:14,759
them all right. So spring is here a time of

451
00:27:14,880 --> 00:27:19,559
renewal and celebrations. You've got graduations, weddings, anniversaries, and the

452
00:27:19,599 --> 00:27:22,480
special days for mom and dad. Your family's making memories

453
00:27:22,519 --> 00:27:24,200
that are going to last a lifetime. But let me

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00:27:24,279 --> 00:27:27,559
ask you, are all of those treasured moments from days

455
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gone by? Are they hidden away on old VCR tapes,

456
00:27:30,599 --> 00:27:35,640
eight millimeter films, photos slides? Are they preserved? Because over time,

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these precious memories can fade and deteriorate, losing the magic

458
00:27:39,759 --> 00:27:43,039
of yesterday. At Creative Video, they help you protect what

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create a video dot com. I promised you the statements

469
00:28:19,680 --> 00:28:23,279
from Sheriff Gary McFadden and the North Carolina Sheriff Association.

470
00:28:23,400 --> 00:28:29,640
So here is the statement first from McFadden. The MECKLAMERC

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00:28:29,640 --> 00:28:32,319
County Sheriff's Office will consistently adhere to the law as

472
00:28:32,359 --> 00:28:34,039
we have done in the past with the North Carolina

473
00:28:34,119 --> 00:28:37,000
General Statue one sixty two, sixty two a b C.

474
00:28:37,799 --> 00:28:40,119
House Bill ten, and House Bill three eighteen. Should it

475
00:28:40,160 --> 00:28:44,480
become law. Mecklenberg Sheriff's Office will also comply with that

476
00:28:44,599 --> 00:28:50,839
law along with all judicial signed orders, indictments, and ritz

477
00:28:51,119 --> 00:28:54,960
to legally transfer someone from state custody to federal custody.

478
00:28:55,519 --> 00:28:58,480
So once again, he's very specific in this language for

479
00:28:58,519 --> 00:29:06,319
a reason because deportation ice proceedings are civil, so he

480
00:29:06,359 --> 00:29:11,160
wants he wants judges. But see that's not what detainers are.

481
00:29:11,240 --> 00:29:13,880
They don't come from judges. That's why he always says this.

482
00:29:16,480 --> 00:29:20,480
As always, we will honor all criminal warrants, both state

483
00:29:20,480 --> 00:29:24,480
and federal. During each arrest. We will continue to work. Sorry.

484
00:29:24,519 --> 00:29:29,000
We will continue to ask the pertinent questions regarding citizenship status.

485
00:29:29,519 --> 00:29:32,880
Should we be unable to determine citizenship of a possible

486
00:29:32,960 --> 00:29:36,839
undocumented person, we will contact Immigration Customs and Enforcement and

487
00:29:36,880 --> 00:29:41,160
provide them with the necessary information. Additionally, if staff receives

488
00:29:41,160 --> 00:29:47,119
a federal civil detainer accompanied by a federal civil warrant

489
00:29:47,279 --> 00:29:51,680
issued by an ICE officer, we will accept both documents

490
00:29:51,720 --> 00:29:55,119
and have a Mecklinburg County deputy present the undocumented immigrant

491
00:29:55,400 --> 00:29:59,640
with both civil documents to a state magistrate to seek

492
00:29:59,640 --> 00:30:04,599
probab cause for an additional forty eight hour hold after

493
00:30:04,640 --> 00:30:09,160
they have met all the conditions for their release. With

494
00:30:09,279 --> 00:30:12,799
that said, House Built three eighteen, like its predecessor, House

495
00:30:12,839 --> 00:30:16,519
Built ten, still fails to rectify the legal issue of

496
00:30:16,599 --> 00:30:20,759
transferring an undocumented immigrant with pending state charges to ICE

497
00:30:21,200 --> 00:30:26,759
for civil immigration proceedings. ICE agents must obtain a judicial

498
00:30:26,799 --> 00:30:32,359
writ for Mecklenberg Sheriff's office to legally transfer custody. See

499
00:30:32,480 --> 00:30:38,000
this is why they are arresting them outside the courthouse. Gary.

500
00:30:38,039 --> 00:30:41,519
They're not dealing with your with your stuff. Okay, they're

501
00:30:41,559 --> 00:30:45,519
not dealing with you. You can you can play the victim

502
00:30:45,519 --> 00:30:47,519
because that's what he does. He's either the hero or

503
00:30:47,559 --> 00:30:50,799
the victim. He's playing victim, like I'm trying to do

504
00:30:50,920 --> 00:30:54,920
all of these things and I just won't cooberate with me. No,

505
00:30:57,079 --> 00:31:02,160
he's he's very specific in this language. He says, regardless

506
00:31:02,200 --> 00:31:05,920
of notifying ICE of an individual's status or release time,

507
00:31:06,279 --> 00:31:09,839
this still does not resolve the legal limitation on transfer.

508
00:31:10,319 --> 00:31:10,519
Speaker 2: Right.

509
00:31:10,839 --> 00:31:14,920
Speaker 1: So you know what, just give him a call, give

510
00:31:14,960 --> 00:31:19,039
him a heads up the forty eight hours, call them,

511
00:31:19,160 --> 00:31:20,920
and then you don't have to worry about it. You're

512
00:31:21,000 --> 00:31:26,519
so worried about being sued. Right, supposedly that's the cover story.

513
00:31:26,599 --> 00:31:28,599
Oh I'm so worried. I'm gonna get it sued. Even

514
00:31:28,640 --> 00:31:32,000
though like ninety five other sheriffs around the state do

515
00:31:32,200 --> 00:31:36,200
cooperate fully with ICE, do effectuate these transfers, and none

516
00:31:36,240 --> 00:31:39,920
of them have been sued. Keep hearing about this potential

517
00:31:39,960 --> 00:31:44,240
threat for litigation. Yet nobody has been sued over this stuff.

518
00:31:45,000 --> 00:31:49,599
But I'm sure it's a totally legitimate concern. So we'll

519
00:31:49,599 --> 00:31:52,119
take that off your plate. How about that, We'll solve

520
00:31:52,200 --> 00:31:56,359
this liability concern for you. We will just pick them

521
00:31:56,440 --> 00:32:00,640
up outside your courthouse. But oh no, no, eh, I can't believe.

522
00:32:00,839 --> 00:32:06,039
I got people make of these arrests outside the corner too. Yeah,

523
00:32:06,279 --> 00:32:11,359
they're allowed to do that. You have no control. It's

524
00:32:11,400 --> 00:32:14,000
almost as if he doesn't want to cooperate. I know,

525
00:32:14,079 --> 00:32:17,400
it's like crazy, but anyway. Next up here is from

526
00:32:17,400 --> 00:32:23,519
the Sheriff's Association statement House Built ten, which was the

527
00:32:23,559 --> 00:32:27,400
one that was approved last year. If the jail staff

528
00:32:27,400 --> 00:32:29,759
is unable to determine if that prisoner is a legal

529
00:32:29,839 --> 00:32:32,680
resident or citizen of the US, then the jail staff

530
00:32:32,720 --> 00:32:38,160
is required to follow certain specified procedures. Okay. This was

531
00:32:38,200 --> 00:32:45,960
to force sheriff's offices to identify illegal aliens in custody.

532
00:32:47,119 --> 00:32:50,440
They had to force some sheriffs to do this. By Gary,

533
00:32:51,359 --> 00:32:54,240
it is our understanding and firm belief that all North

534
00:32:54,240 --> 00:32:58,319
Carolina sheriffs are fully complying with the legal requirements in

535
00:32:58,519 --> 00:33:01,400
General Statute one sixty two, Disk six two, and we

536
00:33:01,480 --> 00:33:04,559
have seen no information or indication to the contrary. Okay.

537
00:33:04,799 --> 00:33:08,359
So the Sheriff Association says that now that the law

538
00:33:09,000 --> 00:33:12,160
specified you have to identify everybody in the jail and

539
00:33:12,200 --> 00:33:15,599
you have to alert ice. Now they are complying. So

540
00:33:15,720 --> 00:33:18,119
McFadden is complying with that and by the way, I've

541
00:33:18,160 --> 00:33:22,279
seen or heard no reports otherwise. But he is still

542
00:33:22,319 --> 00:33:25,319
not fully cooperating. He's not acting in good faith. He's

543
00:33:25,359 --> 00:33:31,799
trying to find ways loopholes around helping ICE deport people

544
00:33:31,839 --> 00:33:34,960
because Gary mcfatten has said he doesn't believe deportation will

545
00:33:34,960 --> 00:33:39,839
solve the illegal immigration problem. They then go on to

546
00:33:39,880 --> 00:33:43,640
say the Sheriff Association says, we acknowledge that Immigration and

547
00:33:43,640 --> 00:33:48,480
Customs Enforcement would prefer that sheriffs honor the request of

548
00:33:48,519 --> 00:33:53,599
ICE to voluntarily take additional actions beyond those required by

549
00:33:53,680 --> 00:33:57,440
state or federal law, including number one, honoring immigration detainers

550
00:33:57,480 --> 00:34:00,599
for forty eight hours beyond the time that the prisoner

551
00:34:00,640 --> 00:34:03,160
would otherwise be released. Right, So to start the clock

552
00:34:03,240 --> 00:34:06,039
running at the end, not at the beginning, Gary starts

553
00:34:06,039 --> 00:34:09,159
it at the beginning, notifying ICE forty eight hours before

554
00:34:09,159 --> 00:34:12,360
the prisoner would be released from jail. Gary doesn't make

555
00:34:12,360 --> 00:34:16,880
that call. Some sheriffs comply with these voluntary requests from ICE,

556
00:34:17,079 --> 00:34:21,039
and others do not, Like not my fault, macfadden. In

557
00:34:21,079 --> 00:34:23,960
either case, the sheriffs are fully complying with both state

558
00:34:24,000 --> 00:34:27,480
and federal law, since the requests from ICE are voluntary

559
00:34:27,519 --> 00:34:29,920
and are not required by state or federal law, nor

560
00:34:30,000 --> 00:34:33,559
by court order. Once again, I'm not aware of anybody

561
00:34:33,559 --> 00:34:37,880
making these arguments that McFadden is violating the law. He

562
00:34:37,960 --> 00:34:41,239
is violating the spirit of the law. He is acting

563
00:34:41,280 --> 00:34:43,719
in bad faith by trying to find every which way

564
00:34:43,760 --> 00:34:47,559
he can to not fully cooperate. When Ice asks you

565
00:34:47,639 --> 00:34:50,480
to do something and you have the ability to say no,

566
00:34:50,960 --> 00:34:53,480
and then you say no, you don't then get to say,

567
00:34:53,559 --> 00:34:57,280
but I want to cooperate because you were given an

568
00:34:57,280 --> 00:35:01,920
opportunity to cooperate voluntarily and refre used, right, and so

569
00:35:01,960 --> 00:35:03,599
now the state is coming back and you're like, okay,

570
00:35:03,679 --> 00:35:05,960
let's go ahead and close that little loophole for you.

571
00:35:08,360 --> 00:35:13,719
And they go on to say, we believe all sheriffs

572
00:35:13,760 --> 00:35:16,480
are fully complying with the current legal requirements. We are

573
00:35:16,519 --> 00:35:19,719
confident that if House Bill three eighteen is enacted into law,

574
00:35:20,199 --> 00:35:24,559
all sheriffs will comply with that law as well. We

575
00:35:24,639 --> 00:35:27,880
shall see, you know, we shall see. I again, I

576
00:35:27,880 --> 00:35:30,760
have no evidence or have heard no reports that any

577
00:35:30,760 --> 00:35:33,519
sheriff is violating the law the letter of the law.

578
00:35:33,880 --> 00:35:36,239
But we'll see if Gary can find another loophole after

579
00:35:36,280 --> 00:35:40,280
the fact. All right, that'll do it for this episode.

580
00:35:40,320 --> 00:35:42,400
Thank you so much for listening. I could not do

581
00:35:42,440 --> 00:35:44,599
the show without your support and the support of the

582
00:35:44,639 --> 00:35:47,679
businesses that advertise on the podcast, so if you'd like,

583
00:35:47,800 --> 00:35:49,880
please support them too and tell them you heard it here.

584
00:35:50,039 --> 00:35:52,559
You can also become a patron at my Patreon page

585
00:35:52,679 --> 00:35:56,239
or go to dpetecallanershow dot com. Again, thank you so

586
00:35:56,320 --> 00:36:04,880
much for listening, and don't break anything while I'm gone.

