Can federal authorities charge NC Sheriff for harboring illegal aliens? (03-24-2025--Hour3)

[00:00:04] What's going on? Thank you so much for listening to this podcast. It is heard live every day from noon to 3 on WBT Radio in Charlotte. And if you want exclusive content like invitations to events, the weekly live stream, my daily show prep with all the links, become a patron, go to thepeetkalendershow.com. Make sure you hit the subscribe button, get every episode for free, write to your smartphone or tablet. And again, thank you so much for your support.

[00:00:29] All right, so Bill Melugin, reporter for Fox News, with the following tweet. CBS News looked into ICE Boston claims. So this is Immigration Customs Enforcement, the Boston field office that had claimed that illegal aliens had been charged with child rape in Massachusetts and that they had been repeatedly released from jail.

[00:00:59] With ridiculously low bails. And so CBS News takes a look at this claim. They're going to go fact check it. And so what did CBS News find? That... Actually, yes, that is happening. That is exactly what is happening in Boston.

[00:01:21] For example, a Guatemalan man charged with three counts of aggravated child rape released on $7,500 bail and they ignored the ICE detainer request. A Guatemalan charged with aggravated child rape victim age nine or below released on $7,500 bail. ICE detainer ignored.

[00:01:42] A Honduran national charged with assault, um, uh, uh, rape and masked armed robbery released on his own recognizance with $0 bail. ICE detainer ignored. Worcester County had two illegal inmates, alien inmates, um, charged with child rape. They got $500 bails.

[00:02:07] Another charged with fentanyl trafficking released on $4,000 bond before ICE could even arrive to get him.

[00:02:17] Malugin also then quotes Tom Holman, who announced a massive ICE operation in Boston and the surrounding areas that yielded 370 arrests of illegal aliens, a majority of whom were criminals, including murderers, drug traffickers, and child sexual predators.

[00:02:39] Holman said, quote, Governor Healy and Mayor Wu of Boston should be ashamed of supporting sanctuary policies. Releasing public safety threats back into the public rather than working with ICE at the jails puts the public at greater risk. Again, this is not new for these types of sanctuary Democrat elected officials.

[00:03:06] They have been doing this for a decade at least. In fact, if I go back to a story also from 2019, this appeared at WCNC television. This was on their website with the headline, are sheriffs required to hold undocumented immigrants for ICE?

[00:03:32] And in this story, again, from now six years ago, here's what Gary McFadden, Mecklenburg County Sheriff, Gary, not my fault McFadden, here's what he said. Quote, this was a year after he had won election. Okay, so not even a year, actually. He had won in November of 2018. And now this is an article in August of 2019. So he's only been in the office for like nine months. And here's what he said in a statement.

[00:04:01] Quote, I was elected with a clear mandate to stop honoring voluntary ICE detainers and to end the 287G program. He has made his position very clear. This is not going to stop unless somebody makes him.

[00:04:27] The state legislature is trying, and I suspect I have no information about this. I'm just speculating wildly and irresponsibly here. But I suspect the local Democrats, who could actually hold him accountable, are hoping that the legislature does something to make him follow the law, to make him honor the request, to take this issue off the front page.

[00:04:56] I think that's the play. Because nobody is talking about this. None of these elected Democrats are ever asked about this. They never come out and say this stuff. They never weigh in on whether Gary McFadden is fit for the role. As, to their credit, the Charlotte Observer editorial board has even done. Even the Observer editorial staff understands what this guy is doing in so many different facets of the gig.

[00:05:25] I'm sure they agree with him, actually, on the immigration non-cooperation. I have no doubt about that. But I think their concerns are more about the maladministration of the jail and his terrible leadership, if you can even call it that, of the staff. You're seeing lots of turnover and lawsuits and stuff. And the way he treats employees and yelling and screaming at people, using racial slurs against them.

[00:05:55] So, like, they have all of these other, as do I, by the way. I share those concerns, too. I don't think the Observer, if he didn't have any of the maladministration stuff going on, I think they would be perfectly fine to keep endorsing him. If it was just the immigration problem.

[00:06:17] But there are many different facets of this guy's tenure that warrant a review, if not the bringing up on the charge of maladministration. Because that's the... Let me see here. I have it here someplace in this stack. There is it. In this stack of stuff. Here it is. State law. 128-16.

[00:06:47] Any sheriff or police officer shall be removed from office by the judge of the superior court for the following causes. You have to have charges in writing for the following causes. Number one, willful or habitual neglect or refusal to perform the duties of his office. Number two, willful misconduct or maladministration in office.

[00:07:15] And my opinion is that Gary Not My Fault McFadden checks that box. Corruption, extortion, conviction of a felony, or intoxication are the other reasons to remove. You can also, in 128-17, the complaint or petition shall be entitled... You can file a petition, a complaint.

[00:07:42] In the name of the state of North Carolina and may be filed upon the relation of any five qualified electors. Those are voters. Of the county in which the person charged is an officer. Upon the approval of the county attorney of such county or the district attorney of the district. Or by any such officer upon his own motion. So he could do it to himself. So the county, the Mecklenburg County attorney or the district attorney.

[00:08:11] Or the judge of the superior court. All have the ability to do something about this. And they won't. That's Democrat privilege, by the way. I think at this point, we are relying on the state legislature to do something about this out-of-control sheriff here. 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.

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[00:09:30] Your subscription then not only helps my podcast, but it also supports Ground News as they make the media landscape more transparent. Let's go and talk with Kirk. Hello, Kirk. Welcome to the show. Good afternoon, Pete. How are you doing? Hey, I'm well. What's going on? Something that comes to mind with this supposed sheriff, because I'm being pleasant saying that. What about charging him with aiding and abetting?

[00:10:00] I have heard people suggest this. I am, you know, I'm not a, I'm not a lawyer. I mean, I have been watching a lot of Lincoln Lawyer and stuff, but I don't, I'm not, I don't know whether you, whether he would have some sort of immunity. You know, that some, that exists for some government officials. So I don't know. But I have heard, like, I've got a message from Kevin who asks the same thing.

[00:10:26] Harboring makes it an offense for any person who, knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the U.S. in violation of the law, conceals, harbors, or shields from detection, or attempts to conceal harbor or shield from detection such alien in any place, including any building or any means of transportation. So it seems like he could be charged with harboring.

[00:10:51] And it's one of those where until we put our foot down and actually start holding people accountable, this is going to continue. Yeah. Well, and this is what Neil Howe talked about in the fourth turning, when in the final turning, when you have, when you're in the crisis phase, and they predicted, you know, these four events. Back in 1997, and all four of them came to pass. And the final one is nullification.

[00:11:21] And we have seen this kind of activity on different things. We like most recently with the immigration stuff under the Joe Biden regime, right, where he refused to enforce immigration law and states were demanding that he do so. They tried to do enforcement activities in Texas along the river. And then they, you know, the federal government sued in order to get Texas to stop enforcing law.

[00:11:45] Like when you have, when you have this, this kind of stuff happening, it is, it is a nullification attempt. And that's what McFadden is doing. And so what happens is the, the feds versus the local, they ratchet up against one another, and then they can't back down. And then you end up in this brinksmanship mode, right, where they keep, you know, the feds keep asserting control and dominance and, oh, you have to do this.

[00:12:14] And then the locals are like, no. And whether that's the local or the state, whatever. And that's, that's how these things then rise to the, the crisis level. And I suspect that's where we're headed. True. The other thing I look at is, and you know that I'm real big about hitting people in the wallet. If you have a sanctuary city or a sanctuary state and they start losing funding, I promise you, you've got their attention.

[00:12:43] Right. And so the state lawmakers have been trying to rein in McFadden, but he keeps using these loopholes. And it's all based on the fact that the illegal immigration stuff is civil. It's administrative. And so he keeps relying on that. And I don't know a way that the state legislature is going to actually be able to, to make it anything other than what it is at the federal level.

[00:13:08] So they're, I mean, they're, they're trying now to force him to comply with the detainer requests because that's what he's refusing to do. And if they can pass a law and they can make him do so, then maybe that solves this issue. But otherwise, I don't know. I don't know how you get him to comply when he refuses. You got to vote him out.

[00:13:31] And I don't know if the Democrats are interested in doing so because it's such a big part of their Democrat base, pro-illegal immigration. And I'm not, I'm not sure if there's enough there where you could just walk in and arrest him. I promise you, if he goes somewhere and he's in handcuffs, he will be embarrassed to, uh, to no end from it.

[00:13:53] I don't, I don't think he, I don't think he knows, I don't think he is, uh, psychologically built to be embarrassed. I really don't. Well, I don't think he has that chip. Yeah. The way that you've described him, I don't think he does either. Yeah. No, he'll just be a martyr. He's the victim, right? I'm the hero and the victim. He's never the villain. And he will reverse the victim and offender.

[00:14:21] And so he's the one that's being harmed and he's just trying to look out for the people and all of this. And so he'll just do that same thing. I have no doubt about that. I don't think he's capable of being embarrassed, but, um, but it will stop him. Like if you, like if you charge him with harboring or obstruction or something like that, you throw, like you go after him criminally, then, uh, I mean, it will stop him at least temporarily from engaging in this kind of behavior, at least. So Kirk, I appreciate the call, buddy.

[00:14:51] Thanks, man. Have a great day. Yes, sir. You too. Um, Mark says law enforcement agencies, small to large, used to follow the law and the constitution. Now, well, I don't know about all cases. They have been known, certain people and agencies have been known to bend the law and constitution, right? Uh, now they just follow political ideologies. When does law become the primary decider and motivator for all of law enforcement again, or will it? Well, so Mark, I, I, I agree with the sentiment.

[00:15:21] That's the goal, right? That's what we should be striving for, but you never get there. You'll never get because that's, that would be perfection. And these are all man-made constructs and these are all human beings that are, you know, working inside of these systems. And so you're always going to have corruption. You're always going to have people bending the rules, you know, to get what they want.

[00:15:47] So perfection is never one of your utopia is not one of the options available to us. Um, now that being said, it should be the goal, right? That should be the thing that we strive for, the thing that we seek to attain. And McFadden dresses up his non-cooperation and his opposition to these laws.

[00:16:10] He dresses them up as some sort of constitutionally supported, uh, uh, philosophical position. But as I went over earlier, the constitutional experts say he's not correct. And he's not a constitutional expert. This was a political position he adopted in order to run and win in the race for sheriff. And that's why he won.

[00:16:38] And that's why he continues to not cooperate with ICE. Refuse, I mean, think about that. All he has to do is, is make a phone call. That's what ICE is asking. Make a phone call to us before somebody in your jail gets released. Give us a heads up. So when they're getting released, we can come over and take custody of them. That's all they're asking. And he won't do it. Here's a great idea.

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[00:18:23] while it is frustrating to hear about Gary Not My Fault McFadden's nonsense, if we look on the bright side, it is refreshing an elected leader is living up to their campaign promises. It's a very rare thing his constituents are getting exactly what they voted for. Right? He promised not to cooperate with ICE. And so he's not.

[00:18:52] So he is doing exactly what he campaigned on. But he's also mad that people are saying he's not cooperating with ICE, as if he is. He's like, I'm totally cooperating with ICE, even though you're not. And you said you wouldn't. And you immediately stopped cooperating when you got elected. Anyway. Bain, welcome to the program. Hello, Bain. Hey, Pete. Hey. I saw the podcast on the fourth turning of the nullification phase. Yeah. This is it. Yeah.

[00:19:23] This is it. Listen, can a private individual or a company create a jail that ICE could use, or does that have to go through the sheriff's department? Well, I mean, are you talking about detaining illegal aliens? Right. Sure. Right. So the issue is that they are arrested for, you know, an illegal alien breaks a law and gets themselves arrested. That's how they ended up at the jail.

[00:19:54] And that would not be, you couldn't do, like, you couldn't do a private jail unless you then created, like, a structure for private jails and that sort of thing. Okay. Okay. So ICE did not arrest these people. Correct. Charlotte-Mecklenburg police did, or one of the towns did, or something. Like, they got popped for DUI, domestic violence, or something. They did something and got arrested.

[00:20:21] And when brought to the jail, they were then identified as somebody who may not be in the country legally. Once that happened, the sheriff now is required to inform ICE, because Gary wasn't doing that originally either. They wouldn't even tell ICE about who was in the jail and that sort of thing. And so now they have to tell ICE that we got these guys. And so then ICE says, hey, you got this guy in your jail. They're a criminal, but they're also an illegal alien.

[00:20:47] They got these, you know, criminal charges against them, but they can bail out under the normal criminal process. So we're asking you to hold them, give us 48 hours, and we will come get them before you let them go. And give us a call when they've bailed out. Let us know when they've bailed out. And McFadden doesn't do that. He does not want to make the phone call to tell ICE that these guys are getting out.

[00:21:16] I didn't understand the sequence. So that was good that you explained that. That's real good. Would it be of any value to have an ICE agent really close by the jail? Yeah. No, this has been a problem for ICE for decades. That they haven't had, like they didn't have an immigration court in Charlotte. I think we do now. But this has always been a problem because when you open up the borders, right, and you

[00:21:44] allow the in-migration of millions of people through asylum processes and all that, you overwhelm the system. And so they're trying now to do enforcement actions on millions of people. That's why they're choosing the criminals first. They're targeting the worst people first, right? And so it's a lack of resources that they've got to staff somebody at the jail all the time. And that was the whole point of the 287G program.

[00:22:13] It was to essentially deputize the deputies as immigration enforcement. And so they could get access to the databases. They could run people's names through this stuff. And then they could act on behalf of ICE. That was the whole point of creating the 287G program at the federal level, which we then implemented under Sheriff Jim Pendergraft. We kept it through Chip Bailey, through Erwin Carmichael.

[00:22:41] And it was only McFadden who came in and scrapped the 287G program. So that and so, yeah, you're they're blinding themselves to who's in the jail. They don't want to know and they don't want to participate in any kind of immigration enforcement effort in the local jail. It's sad, but it makes you wonder who's going to have to die or whose child's going to have to be abducted for something to change. Well, and as I understand, I'm trying to remember which bill it was because there's been

[00:23:10] a bunch of them. But I think it's the House Bill 316 that would allow for lawsuits against these public officials and jurisdictions if illegal alien criminals are released and then go and victimize people. I think they are allowed you victims, families and victims are allowed to sue these officials under this legislation. Wow. Wow. Well, thank you for explaining. Yeah, I appreciate the call, Bain.

[00:23:40] Yeah, I think it was. I'd have to go back and read it. It's been a couple of weeks since I've read through it. But I think that was part of one of the bills because there's a Senate bill in Raleigh. There's a House bill in Raleigh. Yeah, like until people start paying a personal price for their policies, for their politics like this, I don't know how it changes. McFadden put out a statement.

[00:24:10] I mentioned this last hour. The top one third of this press release is like a glamour shot of him. I've never seen anything like it. Local law enforcement, you know, putting his big picture up on this press release, this statement where he attacks the ICE Atlanta chief of staff, the Atlanta office chief of staff who did an interview apparently with the local news outlet.

[00:24:38] He says, listen to this, despite my repeated attempts to foster cooperation. See, he's the victim. ICE has yet to engage in any meaningful dialogue with me or other local sheriffs who are facing similar circumstances. I have emailed and called the ICE ERO Atlantic office. No Atlantic office. It's Atlanta, which might be the problem, actually. Now that I think about it, maybe you're calling the wrong office.

[00:25:07] There's an Atlanta office. Anyway, he says he has called multiple times asking the agency to provide the names of their most recent arrests in Charlotte and to clarify their intentions regarding undocumented individuals in our custody. They don't have to tell you that, dude. What are you talking about? What are you talking about?

[00:25:36] First off, the people that they have arrested, that they picked back up after you let out, you already have their names. They don't report to you, Gary. ICE does not report to you. It's like, oh, give me those names. And then what are your intentions with them? Their intention is to deport them, Gary. They're looking to get them out of the country. That's the intention of going out and picking these people up with criminal records that are in the country illegally.

[00:26:06] They're going to deport them. That's the intention. I don't know why you need a list of names for any of this. Also, far be it for me to assume the level of trust that ICE might have with you, but I'm going to go out on a limb and say it sucks. They don't trust you at all. Why would they give you names of people? Why would they give you names of people when then you could turn around and put out another

[00:26:34] glamour shot press release with those names to let everybody know, to let these people know that ICE is looking for them, which they probably already do know. But they don't trust you, Gary. Why should they? You're not a cooperative partner in the relationship. All right. So spring is here, a time of renewal and celebrations. You got graduations, weddings, anniversaries, and the special days for mom and dad. Your family's making memories that are going to last a lifetime.

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[00:27:59] So you got three more days to enter your dog in the contest and then you vote for the dogs. And it's a fundraising effort to benefit local nonprofits that teach kids to read. It supports children's literacy. Okay? So it's through the Kiwanis Club of Charlotte. So if you want to enter your dog... Oh, and by the way, if you win, your dog gets featured on Beer Cans from Suffolk Punch Brewery.

[00:28:25] Yeah, get all the details by going to the website charlotte-kiwanis.org and enter your dog and then vote and help some kids read. It's a win-win. And maybe even get some beer cans with your... I mean, there's beer in the cans too. With your dog's mug on it. Your pug's mug, if you will. All right, let's see here. A couple of... Oh, let me do the money before I forget. Let's pay this off.

[00:28:56] Because now we've got another possible explanation that Gary is trotting out. Let's see, where did I put it? No, did I already... I hope I didn't pack it away. No, here it is. Here it is. He says, this is from the WCCB Charlotte article.

[00:29:16] I sent an email to ICE's Atlanta field office regarding the financial burden the detainers place on taxpayers and the importance of informing the sheriff's office of their true intentions on whether they are going to pick up these undocumented immigrants or seek federal criminal charges.

[00:29:35] For every person that we are holding is $398 to the taxpayers of Mecklenburg County, estimate as of December 1st, $68,000 in taxpayer money. He said... Oh, and then there's a quote in the same article from Hector Vaca, immigrant justice director at Action NC. It's a leftist organization who said, quote, being in this country is not actually a criminal offense. Being undocumented in the country is an administrative offense, right?

[00:30:06] But that's the philosophy that McFadden is operating under. And so now he's citing the cost. So I don't want to honor these detainers because you say, hey, hold them for 48 hours. Now I have to incur the cost of keeping this resident, don't call them inmates, this resident at the jail. And now that's costing the taxpayers money. So he just wants to... So it's budgetary, don't you see? It's a budgetary thing.

[00:30:36] And so when he's talking about reaching out to the Atlanta field office to try to have a dialogue about improving cooperation, what he's talking about is pay me money. Give me money. That's what he's demanding. Give me money. Because he's saying that ICE is asking him to hold these people, but they're not paying for the bed space.

[00:31:03] And by the way, I have heard this about the 287G program, which was why some sheriff's offices got rid of it, not for ideological purposes, but because they were incurring the cost. When it initially started, 287G, if you signed up, you got paid. The jails got paid for housing the illegal aliens until ICE could deport them. And then somewhere along the line, that part went away.

[00:31:32] But McFadden has been opposed to 287G because he doesn't want people being deported because he doesn't think that's how you address the illegal immigration problem. He has said this in multiple interviews and newscasts or news articles and in press statements. So I don't believe him. I don't believe that he's operating in good faith on these arguments. He's not actually trying to solve the problem.

[00:32:01] He's trying to not enforce immigration law in our state, in our county. Paul says, Pete, can ICE not utilize AI technology to scan every town's arrest records to proactively pick up the criminals to circumvent sheriffs refusing to pick up the phone? So ICE has to know. ICE is a federal agency.

[00:32:26] They have to know when somebody is getting bailed out. And that is a state issue, right? Because these people are arrested on state criminal charges. They're not picked up by the feds. They're picked up by Charlotte-McLean-Burr police or something. And that's why ICE needs the cooperation from the state level, law enforcement. Because the courts, they're running through their normal criminal process.

[00:32:55] And so if somebody comes up with the bail money, they can bail out. And then they walk out the door. And that's why ICE is saying, hey, first, let us know if you encounter somebody who is illegal in your jail. And then we can run their names through, find out if there is a reason to deport them for violent offenses and such. And then we're going to put a detainer request on them. And we're asking you to hold on to them.

[00:33:20] And then if they bail out, please let us know that they're bailing out so we can come get them. And at that point, it's out of the sheriff's hands. It should be, right? If ICE doesn't come and get them, then ICE let them go. But the sheriff isn't even calling. So why would you not call? See, this is the thing. Like, you can have this separate issue of the funding component. That's fine.

[00:33:45] But are you trying, are you leveraging the phone call, the lack of phone call, in order to extract the money? Because all you're doing is putting members of the community at risk. Again, these are criminals. These are people who have been charged with violent offenses. And in some cases have rap sheets. Let me see. Hal says, Pete, I am 100% with you.

[00:34:13] But here is why he can keep from a lawsuit. Right. Qualified immunity is a legal rule that protects government workers like police from being sued personally for violating constitutional rights. This rule is in place to ensure officials can do their jobs without fear of lawsuits. It balances. Right.

[00:34:37] So the qualified immunity, and this is a debate that usually focuses around, like, police shootings and stuff. This usually comes up, the qualified immunity. Which also, I would argue, then, that protects them, that protects Sheriff McFadden from any kind of litigation if he's cooperating with ICE. See, like, just the arguments he has been making do not hold water.

[00:35:07] They are not being made in good faith. He's just, it's sort of like a, it's a spaghetti test. Right? You're just throwing it all up on the wall and see how much of it sticks. That's it. He's just throwing every argument, boom, boom, boom, all these different arguments up there, and hopefully one of them will convince you.

[00:35:29] Seth says, Pete, how long until not my fault McFadden is responsible for a murder like Lake and Riley from letting out one of these rapists or murderers? Will it be his fault then? No, Seth. It will never be his fault because it's never his fault. He's not my fault McFadden.

[00:35:53] Remember, this is the guy who, when he retired out of the Charlotte-Mecklenburg Police Department to go be sheriff, they found a whole bunch of stuff from his homicide cases at his desk. Like, he had, like, mementos and stuff from these homicide cases. That wasn't his fault either. He had permission to hold on to them from the family members or something. Like, so I don't know if ICE can arrest him.

[00:36:21] I don't know if the federal government can try and drop the hammer on him. But if the state can't do it and the feds can't do it and nobody locally will do it, then we're just going to keep getting more of the same here. 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 of the businesses that advertise on the podcast. So if you'd like, please support them, too, and tell them you heard it here.

[00:36:49] You can also become a patron at my Patreon page or go to thepetecalendershow.com. Again, thank you so much for listening, and don't break anything while I'm gone.