It's not a constitutional crisis when Democrats (D)o it! (02-14-2025--Hour1)
The Pete Kaliner ShowFebruary 14, 202500:31:4329.1 MB

It's not a constitutional crisis when Democrats (D)o it! (02-14-2025--Hour1)

This episode is presented by Create A Video – Democrats and media (but I repeat myself) had no slogans warning of a "constitutional crisis" when Democrats were ignoring court rulings. Because that's (D)ifferent. Now their predictions of catastrophe center on a profoundly dumb argument that the leader of the executive branch cannot direct the executive branch. Plus, Mecklenburg Sheriff Garry "Not My Fault" McFadden crosses ICE again.

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[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 thepetekalendershow.com. Make sure you hit the subscribe button, get every episode for free, right to your smartphone or tablet. And again, thank you so much for your support.

[00:00:28] All righty, so let's talk a little bit more about this constitutional crisis, shall we? Every time. Okay. We'll talk a little bit more about this slogan that the Democrats are using. They have pivoted off of the democracy over to constitutional crisis. Okay. So they have pivoted. And it is very much on brand, I feel like, where Democrats,

[00:01:04] Democrats will throw a particular demographic or part of their coalition or an issue right under a bus, metaphorically speaking, in order to argue for the cause du jour, the cause of the day. Right? They need a particular narrative for this moment right now. And so they just craft a narrative. They rely on a compliant.

[00:01:33] If not complicit media to advance that slogan, if not complicit media to advance that slogan, that narrative. And it doesn't matter if that new narrative flies in the face of what they were saying up until a second ago. Doesn't matter. They're never asked, hey, wait a minute. You've been screeching about the democracy for all this time.

[00:01:55] And now when you have the people's elected representative in the form of the president to oversee the executive branch. Now you're arguing that him trying to do the thing for which he was elected by the people in the democracy, that now he's not allowed to touch anything. I mean, you're talking about he can't update websites.

[00:02:22] He can't. He can't have his secretaries and his team implement policies and initiatives that he wants to implement. And the people who are blocking him from doing so are these low level judges that are issuing temporary restraining orders that apply to the entire country. And again, I mentioned this yesterday, I believe.

[00:02:51] The hiring, the creation and the hiring of these federal district judges was to keep a lot of the stuff off of the plate of the U.S. Supreme Court. They're supposed to handle a lot of these matters at the lower levels. And then if they get it wrong, you can appeal. And then if the appeals courts gets it wrong, then you can appeal up to the U.S. Supreme Court because they don't have the time to handle every single case.

[00:03:19] So. I guess we could get rid of all of those federal district court love, right, we could get rid of all the judges, get rid of all the federal district courts and throw it all to the U.S. Supreme Court and see how they like working nonstop every single day of the year instead of doing their. You know, their summer sessions or fall sessions or whatever they are. I mean, think about how insane it is to argue.

[00:03:48] That a permanent bureaucracy. In D.C. Is immune from any oversight by their boss. That's what their argument is, that the boss can't direct any of these agencies to do anything, even though Article 2 of the Constitution lays out that exact thing for him. He is the executive. He doesn't get to write law. He carries it out.

[00:04:19] And so he sets those priorities, right, within the law that Congress has passed. And again, part of this is also that Congress has abdicated a lot of its responsibility because they found it to be easier to win reelection and raise money. If they don't actually have to pass laws, they'll just turn all of it over to the administrative state. And by the way, this is something that the left has been pushing for.

[00:04:46] My entire life, the left wants more and more power in the administrative branch, in the executive branch. And so they have empowered the president to do things. They have empowered the administrative state through the Chevron deference, like all of that stuff, the Supreme Court ruling. The left has been pushing in that direction my entire life.

[00:05:08] And now you've got somebody in there who's saying, OK, I'm going to use these powers and I'm going to now go a different direction. And oh, no, you can't do that. It's almost like they have built this fourth branch for themselves. And when you look at the voting data, it's quite clear that that is, in fact, what they did.

[00:05:33] Because the people who work for the federal government and the people who live in the D.C. area are overwhelmingly Democrat. They donate 90 plus percent to Democrats. And so they are advancing. They are marching through the institution, if you will, in the executive branch. And so now we have come to this place where after empowering the executive branch to do all of this stuff. Now we're not allowed to check it. We're not allowed to rein it in.

[00:06:01] We're never allowed to cut it back. We're never allowed to make any changes. That is not a democracy. If there has, in fact, been a constitutional crisis, it's because the left has put us here. And these judges are now trying to stop Trump. By the way. I do have in the stack of stuff. Mm hmm. Where did it go? About this one of these judges. Oh, it's in.

[00:06:31] Where did it go? One of the judges has a history that includes making anti-Trump statements. I'm sure it's just coincidental that he would rule against Donald Trump on a matter like this. I'll find it during the break. It's too much show prep. There's too much. I have too much stuff. Donald Trump needs to slow down.

[00:06:57] OK, just for just for like a day so I can so I can clear out some of the some of the stuff. So you've got. You got the blaze dot com. And they go over six. Six. Sorry, five times. That Democrats ignored the courts because this is what you're hearing from the left and the media.

[00:07:22] But I repeat myself that this is what's going to cause the crisis is, you know, Trump is being told by judges don't do some stuff and he's going to ignore the courts. He better not ignore the courts. What did Donald Trump say in the Oval Office? We played the soundbite the other day with Elon Musk. He said if the courts, you know, rule against us, he says, of course, we'll we'll appeal. We'll comply with the courts.

[00:07:44] And by the way, I was trying to think back to an example of Trump ignoring the courts, whether it's in his all of the litigation that came against him. Right. The charges and all that stuff. He's always complied with the courts as far as I can remember. If the courts rule, he can't do something. He doesn't do it.

[00:08:03] So once again, this like derangement, this fear, this projection that he's going to do what you're doing and what you have done, because in the five examples by Candace Hathaway at the blaze dot com. We'd never heard anything about a constitutional crisis when Joe Biden and Barack Obama were doing some of this stuff in lower courts and governors and stuff. Democrats do this stuff all the time. They celebrate it. Right.

[00:08:33] The the the prime example is Joe Biden and the student loan scheme. He was told the Trump administration said it to the Obama administration said it to you had constitutional lawyers. Everybody was in agreement. You cannot do this. Joe Biden said himself that he could not do this. And then he turned around and did it. And then the Supreme Court said you can't do it. And then he said, I'm going to do it anyway.

[00:09:02] And no one cared on the left. We cared. We talked about it. Constitutional crisis. You're ignoring the courts. What the hell are you doing? And he and then he went out and bragged about it, bragged about it. The court told me I couldn't do this thing. And people on the right were outraged. Nary a peep from the left. But now I'm supposed to believe. That a president. A president.

[00:09:31] A president directing his administration. And and the agencies that fall under his power. Constitutional power. Now I'm supposed to believe that this is the crisis. Because you're afraid. That a court, a lower court that made some ruling, not the Supreme Court yet, but but a lower district court made a ruling that is not based in law. That will, by all accounts I've seen, be overturned pretty quickly.

[00:09:59] On the rocket docket, they're saying it's going to go very quickly up to the Supreme Court. But now I'm supposed to believe this is a crisis because you're afraid Donald Trump is going to do exactly what Joe Biden did. It's all projection with these people. It's crazy. It's insane. It's it is insanity. It's gaslighting to a degree I have never seen. Like doing something, you're watching them do it. And they're like, I'm not doing this. You cannot.

[00:10:27] You cannot have rational discourse with people like this. I don't think. All right. If you're listening to this show, you know, I try to keep up with all sorts of current events. And I know you do, too. And you probably heard me say, get your news from multiple sources. Why? Well, because it's how you detect media bias, which is why I've been so impressed with Ground News. It's an app and it's a website and it combines news from around the world in one place. So you can compare coverage and verify information.

[00:10:55] You can check it out at check.ground.news. 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 because it lets me see clearly how stories get covered and by whom. The blind spot feature shows you which stories get ignored by the left and the right. See for yourself. Check.ground.news. Slash Pete.

[00:11:22] Subscribe through that link and you'll get 15 percent off any subscription. 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. Alrighty. So a couple of examples. This is from TheBlaze.com.

[00:11:42] Democratic politicians and the corporate media were in lockstep this week parroting the claim that the Trump administration's actions amount to a constitutional crisis. Right. However, neither the Democrat Party nor its media allies expressed such concerns in the past when left wing politicians ignored and even in some cases blatantly defied court orders. For example, I mentioned the Joe Biden student loan deal.

[00:12:10] But before that, it was Obama and DACA. Remember, he said he couldn't do it. And then he did it. And nobody said this was a constitutional crisis. In June of 2023, the Supreme Court struck down former President Joe Biden's sweeping federal student loan quote forgiveness plan. The court declared it to be unconstitutional.

[00:12:34] Two reports out of the Government Accountability Office found that Biden's student loan cancellation program automatically approved borrowers without proper vetting and it failed to implement fraud protection safeguards as well. Despite the Supreme Court's ruling and despite the GAO's findings, the Biden administration decided to move forward with its pledge to cancel federal student loan debt.

[00:12:58] That was mid-23 and in February of 24, Biden boasted about his attempts to circumvent the Supreme Court decision. He said, the Supreme Court blocked it, but that didn't stop me. I announced we're going to pursue alternative paths for student debt relief for as many borrowers as possible.

[00:13:23] So he's bragging that he's not going to follow the highest court in the land. Or how about the CDC?

[00:13:36] In 2020, Congress passed the Coronavirus Aid Relief and Economic Security Act or the CARES Act, which included a 120-day moratorium on eviction filings, as well as other protections for tenants in certain rental properties with federal assistance or federally related financing.

[00:13:55] When Congress chose not to extend that moratorium as it was laid out in the law, the Biden administration, CDC, tried to step in and order to halt on evictions that broadly included all residential properties in the country and imposed criminal penalties for those who violated the order. This created severe hardship for landlords.

[00:14:23] And like, oh, I don't care about it. I hate landlords. Yeah, well, what if the landlord is like an 80-year-old widow with one rental property that was her, you know, her mom's house that they have kept in their family? And that's her source of income in her old age. It's the only revenue she gets except for Social Security, which barely pays anything. So this is her revenue stream. And I got calls from people.

[00:14:52] I got emails from people when all of this stuff was going on. They were like, this is going to bankrupt me. Because I can't stop paying my taxes. Like, I have to pay taxes on this property. I have no income now. The Supreme Court considered the CDC order and ultimately allowed it to stand, but only because it was going to be expiring in a couple of weeks. Because remember, they kept extending it 30 days, 60 days, 90 days. They kept pushing it back and pushing it back.

[00:15:22] And by the time it finally got to the Supreme Court, Brett Kavanaugh, Justice Kavanaugh said, I agree with the district court and the applicants that the CDC exceeded its statutory authority. But he said. There's really no point in us stepping in right now because it's going to be expiring. In like a couple of weeks.

[00:15:44] Biden CDC then ignored the court's opinion, issuing another order in August of 21, attempting to extend the expired eviction moratorium to residential properties in communities with substantial and high levels of COVID-19 transmission. However, that order finally was blocked again by the U.S. Supreme Court saying that the CDC has exceeded now its authority. But that wasn't a crisis, right? Right.

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[00:17:28] For example, also, it was different when a Bucks County Board of Commissioners chairwoman Diane Ellis Marsiglia. Marsiglia? Marsiglia? Something. Anyway, she's a Democrat. She boasted that she was planning to count illegal ballots in the Pennsylvania Senate race. Remember that one?

[00:17:52] Yeah, it was incumbent Bob Casey versus Dave McCormick back in November in the last election cycle. And the Pennsylvania Supreme Court ordered that undated and misdated mail-in ballots could not be counted. Which seems kind of obvious. I know. It seems like this would be a bit of common sense and easily applied law.

[00:18:21] Like the law says you got to send your ballot in by a certain date. And if there's not a date on the mail-in ballot, then you don't know when it was mailed in. And so, therefore, you shouldn't accept it. And so the court said you could not accept it if it's undated, misstated, whatever. And so the Bucks County Board of Commissioners chair, Diane Ellis Marsiglia, stated that she planned to count the ballots despite the court's order. She said people violate laws anytime they want.

[00:18:49] So for me, if I violate this law, it's because I want a court to pay attention. There's nothing more important than counting votes. Outrage ensues. The state Supreme Court then orders a second time that, no, you cannot count those ballots. It's illegal. By the way, she is still on the board.

[00:19:16] She was elected in 2007 and she remains on that board. And then there is the sanctuary city mayors. Right. Donald Trump's first administration. He issues an executive order in January 2017. That sought to prevent sanctuary jurisdictions from thwarting federal immigration enforcement measures.

[00:19:43] And as part of Trump's executive action, he aimed to pull federal funding from jurisdictions that failed to comply with immigration laws. Sanctuary cities were ordered to comply. With. With the law. U.S.C. 1373.

[00:20:05] Regardless, cities like Chicago, New York City and many others continue to shield illegal aliens from federal immigration agents. Now. In case you hadn't heard, Pam Bondi, our new attorney general, she has already. Announced investigations. Criminal investigations. Into. The city of Chicago. I think the mayor as well. And.

[00:20:36] What? Two days ago, I want to say she made the announcement that they're going after New York City now. In the state of New York, Governor Hulkel and Letitia James. Right. As they should. And I might recommend. Please take a look at our own. Mecklenburg County Sheriff Gary. Not my fault. McFadden, who just this week. Had another wizened match. With. With ice. The law says I don't have to call.

[00:21:05] It just says I have to notify. And so we notified. And so we didn't call them. And so we released a violent defender back out onto the streets. Because ice had plenty of time to. I have the press release here. Yeah, here it is. They sent out this statement. I'll probably go in depth on this next week. But he says, I want to address recent reports regarding U.S. immigration and customs enforcement arrest.

[00:21:34] That are incorrect and misleading. To our local media. I urge you to report fairly and accurately. I am not bending the rules. Bull. You absolutely are. As you have done at every step since your election. You are bending the rules. I am not bending the rules or preventing ICE officers from doing their job. I am simply following the law.

[00:22:02] Specifically, I adhere to North Carolina General Statute 16262 as revised in House Bill 10. Yet the media continues to misrepresent my role as sheriff to the public. This is the case of Jose Napoleon Serrano. They say they followed the law by holding him for 48 hours per a court order. Serrano was arrested by CMPD January 12th at 530 in the morning.

[00:22:31] Deputies determined that he was a Honduras national during the intake process. About half an hour later, sheriff's office notified ICE with no response the entire day. How did you notify ICE? Sheriff, not my fault. How did you notify ICE? A day later, sheriff's office receives the ICE detainer administrative warrant.

[00:22:57] A 48-hour hold was signed and issued by a state magistrate. Then, 48 hours later, the court order on Mr. Serrano was lifted, but he remained in custody at the sheriff's office detention center on his initial state charges with a $5,000 secured bond. And then, another two days later, on January 17th, Serrano's $5,000 bond was posted.

[00:23:23] A Mecklenburg County magistrate then issued a signed court order for his release from custody. So, he was held for five days with no ICE movement. Not true. Not true. Because ICE sent you a detainer administrative warrant, which, remember, McFadden had previously refused to adhere to.

[00:23:51] He kept using this weaselly language of it's got to be from a court order. It's got to have a court order. And the carve out there was an administrative warrant. So, Gary McFadden has forced the state of North Carolina to have to try to write this law so tightly because of him. That's what this is about. And so, now he has found another loophole. I didn't have to call them.

[00:24:21] Right? Is that what he's—that's the argument now. I notified them, like what, via email? And so, he's like, not my fault. This is not my fault. ICE's fault. See, it's never Gary McFadden's fault. This guy, I swear, this guy, he's unfit for the office.

[00:24:41] The fact that his own party still protects him and refuses to remove this guy or investigate him in any way is a—it's a stain on the local Democrat Party. I swear. All right, I hope you had a happy holiday season. But tell me if something like this happened at your house. Your family and friends are gathered around. Maybe y'all are in the living room. You're laughing, swapping stories, reminiscing. And then somebody says, Hey, Dad, remember those old VHS tapes? Did you ever get them transferred?

[00:25:10] And then the room gets all quiet. All eyes are on Dad, who says, Oh, you know, well, I've been meaning to, but I just haven't gotten around to it. Look, don't let those priceless memories sit in a box for another year. All right, Create A Video has been helping families in the Charlotte area preserve their history since 1997. Simply bring in your old camcorder tapes and Create A Video will transfer them to a USB flash drive for just $14.95 per tape. You have a big collection? They've got a discount for you.

[00:25:40] And next year, instead of talking about those memories, imagine gathering the family to watch them together. Talk about a memorable gift. So do what I did. Trust the experts at Create A Video, conveniently located in Mint Hill, right off I-485, and online at createavideo.com. There was more to this press release that Sheriff Gary NotMyFault McFadden sent out. It goes on to say,

[00:26:08] As laid out above, Mecklenburg County Sheriff's Office received zero correspondence from ICE after ICE sent the detainer on January 13th. ICE was aware of Mr. Serrano's status between January 12th through the 17th, as they are privy to our various tracking systems. ICE is more than welcome to pick up the phone.

[00:26:30] We will always remain transparent about a person's release, but nowhere in House Bill 10 does it mandate local sheriffs notify ICE of an individual's release. So you have a guy who has been deported multiple times in your jail. ICE says, hey, hold him. And you don't think to alert ICE, hey, this guy just he's fixing to bail out.

[00:27:01] You don't think that's important to let ICE know? Well, they didn't tell me I had to let them know. That's what he's saying. ICE is also aware that Mr. Serrano had been deported twice before. If they believed he posed a threat to public safety, I questioned why ICE didn't charge him with federal offenses. Improper entry, reentry.

[00:27:27] Instead of putting the burden on local sheriffs, this is why I continue to emphasize the importance of open discussions with ICE. No, no, no. You're not for open discussions with ICE. This is a lie as well. Stop gaslighting the public. Stop the gaslighting. You are not interested in open discussions. If you were, you would have told them. You would have said, hey, I know you guys put a hold on this guy.

[00:27:58] He's been busted twice for coming into the country illegally and then getting deported and then coming back in. You put a hold on him. Magistrates set a bond. He's fixing to bond out. So. So. You might want to come get him soon because he's about to get bonded out. But he didn't do that. The sheriff's office didn't do that. So, no, you're not.

[00:28:26] In open discussions with ICE. And then here's the tell right here. He says he he emphasizes the importance of open discussions with ICE because simply deporting individuals is not an effective solution and does not make our communities safer. You gave away the game there, sheriff. You gave away the game. We know you are an open borders guy.

[00:28:55] You don't even want to deport people who are in the country illegally. We all understand that you ran your campaigns on this. You made these promises to your moonbat brigade base in order to win the primaries. We all know this. Stop gaslighting us and pretending that I'm for open discussion. No, you're not. Because ICE is deporting people and you don't like it. You don't want ICE to deport people.

[00:29:24] That is clear. You say it right here in your stupid statement. Simply deporting individuals is not an effective solution. I disagree. When you remove somebody, for example, if you were to remove a serial killer from the community and put them in prison for the rest of their life, that does solve the problem of that serial killer killing anybody else in the community. See how that works?

[00:29:54] By the way, the border crossings, have you seen these numbers? They're down 90%. Enforcement works. I am astounded that I need to actually say this to the chief law enforcement officer of the county. This guy was a homicide detective. Why bother? Seriously. Seriously. Why are you trying to? Why did you try for all those years as a homicide detective? Why did you try to solve the homicides?

[00:30:25] Like you could just catch the person, I guess, and say, no, don't do that again. Because it doesn't. Incarcerating them wouldn't solve the problem, you know? Just asinine. He says, I am the sheriff and my priority is serving and protecting my community while always upholding the law. No, you're not actually protecting the community. Because you know who gets victimized by illegal alien criminals? The immigrant community.

[00:30:55] They are most preyed upon because of their fear of getting deported. Because of their fear of law enforcement, which Democrats have done a heck of a job, by the way, fomenting. Because it benefited them politically, as it has Sheriff Gary, not my fault, McFadden. 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.

[00:31:23] So if you'd like, please support them too and tell them you heard it here. You can also become a patron at my Patreon page or go to thepetecalendarshow.com. Again, thank you so much for listening. And don't break anything while I'm gone.