NC cracking down on sanctuary sheriffs (03-06-2025--Hour1)

[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] So let me start with this. North Carolina House Speaker Destin Hall has filed legislation that would require sheriffs to notify federal immigration authorities before releasing anyone being held at those officials' request. In other words, in other words,

[00:00:58] if you are an illegal alien and you get arrested for some kind of a violent, serious crime, and you get put in the Mecklenburg County Jail, and you then get a bond assigned to you, ICE has requested of the sheriff that you notify ICE if you have somebody in the jail, and the sheriff has now finally been dragged kicking and screaming

[00:01:26] to at least not to at least notifying ICE that there is an illegal alien in the jail. Now ICE puts in a detainer request on that inmate. Oh, sorry. Resident. As our illustrious and frustrated sheriff likes to call the inmates, he calls them residents.

[00:01:53] And so now that illegal alien resident, would that be a resident illegal alien? Gosh, I swear, leftists, you guys are just mangling my language. Just please stop. Anyway, so now there is a detainer request on that inmate, and that inmate then gets put before a judge, and the judge gives them a bond.

[00:02:24] And at that point, the detainer request, in the detainer request form, says, please notify us 48 hours before you're about to release somebody so ICE can send down some people to transfer that inmate out of your custody because they've bailed out, right? If they get a bond set, and then they bail out, and now they're out on the street,

[00:02:54] ICE has to go find them. And they would much rather take them into custody if they're going to be released. They want to take them into custody in the jail. Why? Well, you saw what happened up in Denver, Colorado, yesterday or a day before, maybe? Captured on the security camera out in front of the Denver police, or, yeah, either the police department or the jail. I forget.

[00:03:24] I think it may have been the correctional facility. And one of these guys gets let out, and ICE is out in the parking lot, and the guy runs from police, runs from ICE. And scuffle ensues, an ICE agent is injured. See, that's the kind of risk that you are elevating when you don't allow the transfer to occur inside the correctional facility

[00:03:51] where the people are, you know, handcuffed already, right? They don't have any weapons on them, right? They've been incarcerated. So a transfer inside the jail is way safer for them. It's safer for the ICE agents. It's safer for the community, particularly if you have somebody who is violent that now is angry that they got arrested, and you're going to release them back into the community,

[00:04:19] and they very well could go back and re-offend against the same victim, right? Because they're mad that they got arrested because the victim called the cops on them. And if you get rid of the victim, then there's no witness, and, you know, maybe you don't get prosecuted kind of thing. So it's a way safer protocol. But our sheriff doesn't want anybody deported,

[00:04:45] and so he refuses to cooperate fully with ICE. And so the legislature has to keep passing laws to try to close every single loophole that Mecklenburg County Sheriff Gary, not my fault, McFadden, keeps employing. I do not believe, by the way, for one minute, for any amount of time, that McFadden is combing through the law

[00:05:14] to find these loopholes because these loopholes are being employed by other departments, other sheriffs also. So there are obviously, you know, activists, lawyers that are reading through these laws, they're finding the loopholes, and they are letting people know this is how you don't comply. This is how you protect the violent offender from being transferred into ICE custody. And that's what we saw happen here.

[00:05:44] We went over this a couple of weeks ago. We had yet another example of a violent criminal, domestic violence, I believe, was one of the charges. And McFadden did not call, his deputies did not call ICE when they knew this person was about to be released. They just released him. And when ICE was like, yo, why didn't you tell us? And he's like, well, I don't have to. The law doesn't specifically say I have to make that phone call.

[00:06:14] No, the detainer request does, but the law doesn't. The law overlooked that specific piece of it because in, I guess, the lawmakers' minds, when they're like honoring a detainer request, means that you, you know, honor the request. You do the things that are requested of you. And because now we have this petulant narcissist as a sheriff, now we have to explicitly say,

[00:06:44] you have to do this. And I'm sure there are already lawyers out there looking for another way to get around this law. And McFadden, I am sure, if they find one, he will employ it because he does not want people deported, even the violent offenders. He will deny that. I have heard all of his commentary on this topic. He will deny it. But he thinks you're an idiot.

[00:07:13] He thinks you're stupid because anybody who reads through the original source documents knows the game he is playing on this. ICE understands it. I think the North Carolina legislature now understands the game that he is playing. And so now you've got another piece of legislation, House Bill 318, and Destin Hall, the Speaker of the House, he's running point on this bill,

[00:07:40] which means chances are very good it's going to get passed. There is also another form of this legislation over in the Senate. That one is being run by the Senate President Pro Tem, Phil Berger, which means there's a pretty good chance that that too is going to get passed. Because if those two leaders of those two chambers want to see something happen

[00:08:08] and they are running a bill, the membership understands this is really important to the leadership and you don't want to cross them on something that they believe is important. And also, by the way, it just so happens in this case that the right thing to do is also good politics. It's also good optics. Here's a great idea. How about making an escape to a really special and secluded getaway

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[00:09:37] 828-367-7068 or check out all there is to offer at cabinsofashville.com and make memories that'll last a lifetime. Let me play this clip. This is the speaker of the North Carolina House, Destin Hall, announcing the, what is this, House Bill 318 that he is leading point on that would require sheriffs to notify ICE before

[00:10:07] the sheriffs release anybody that's being held in their jails with an ICE detainer request on them. Hey guys, it's Speaker Destin Hall of the North Carolina House of Representatives. Today I'm filing the Criminal Illegal Alien Enforcement Act. If you're an illegal alien in North Carolina and you're committing crimes in our state, you've got to go. And the best way that we can make sure that that happens in our state is by ensuring that local law enforcement when they charge someone here illegally for committing a crime in our state

[00:10:36] that they cooperate with ICE. We've seen the results of sanctuary sheriffs in North Carolina who refuse to cooperate with ICE and those results have been tragic. We've seen people who are here illegally committing crimes against a person going into the jail and a small number of sheriffs in our state, now probably fewer than five, allowing that person to walk out of the jail as soon as they meet bail even if ICE wants to pick that person up. And we've seen them go on to re-offend, often against

[00:11:05] the same victim. It's insanity. It's not what's in the best interest of public safety in our state. And we're going to do everything possible from the North Carolina General Assembly to make sure the public is kept safe and to make sure we're doing all we can to cooperate with our federal immigration enforcement officers at the federal level. Right. So that was his statement, quick video that he put out on Twitter. He had previously led the charge in the House before he was Speaker

[00:11:34] to enact legislation to require sheriffs to honor the detainer requests submitted by ICE that asks local law enforcement to temporarily hold people under arrest who are believed to be in the country illegally so ICE would have time to take custody of them. That was House Bill 10. This is now House Bill 318 which seeks to address an issue that arose in Mecklenburg County after the provisions of House Bill 10 went into effect

[00:12:04] last year. This is according to the Charlotte Observer article by Avi Bajpai. House Bill 10 required sheriffs after they receive a detainer request to take the person before a state judicial official present them with the detainer and then hold them for up to 48 hours after the judicial official issued an order. Individuals being held on detainers can only be held for 48 hours or until ICE takes custody

[00:12:33] or ICE rescinds their detainer whichever happens first. And what McFadden was doing was failing to notify ICE when those people that were being held under bond in the jail had bailed out. He was not making the call to ICE to say these people are about to be released. You know, stories are powerful. They help us make sense of things to understand experiences. Stories connect us to the people of our past while transcending generations. They help us process

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[00:14:02] Gary, not my fault, McFadden. I call him that in case you are new to the program. If you are, welcome. But I call him that because nothing is ever his fault. Anything good that happens, he takes credit for. Anything, you know, the sheriff's office gets some award, whatever, and he puts them all on his shelf behind his desk so if you're ever doing an interview with him, everybody can see all the accolades but anything that goes wrong at the sheriff's office, jail death,

[00:14:33] you know, hemorrhaging, qualified, experienced staff, you know, anything that goes wrong, not his fault, somebody else's fault. Even when he was caught on a recording using racial slurs, it wasn't his fault, it was his staff's fault, not for recording it but for making him so, and I'm quoting, frustrated that he had to use those types of words. So,

[00:15:03] oh, and he wants us all to move on now. Even the Charlotte Observer editorial board says that he is unfit for the office. But we can't do anything about it, which is not true, by the way. Something can be done about it. It's just going to require not my fault, McFadden's colleagues in the Democrat Party that are in elected positions positions to actually, you know, give a flying fig Newton

[00:15:31] about removing him. And until they are willing to express said interest, we will all just have to continue to suffer and the state legislature will have to keep passing laws to try to force him to keep our community safe. So, the new legislation is meant to close a loophole that was in House Bill 10. I have covered, I've gone through the loophole. I've read from the, and I still have it

[00:16:01] because I keep files because that's, you know, part of my training as a journalist is that you are supposed to keep the records and this way you know what has occurred. The historical record is very important to understanding any new developments in a particular story. The detainer that ICE gives to the sheriff's office is both a request for advanced notification of release

[00:16:30] and a request to hold the subject for a short period of time, 48 hours, enabling ICE to take custody. Okay? So, this is right off of the ICE.gov website. Anybody can find it. ICE collaborates with all law enforcement agencies to help ensure that non-citizens who may pose a public safety threat are not released onto the streets to reoffend and potentially harm individuals living within our communities.

[00:16:59] In some cases, however, state or local laws, ordinances, or policies restrict or prohibit cooperation with ICE. This is from the actual immigration detainer request. I have a copy of it. It says it right here. It is requested that you maintain custody of the subject for a period not to exceed 48 hours, excluding Saturdays,

[00:17:29] Sundays, and holidays, as early as possible, prior to the time you otherwise would release the subject. Please notify Department of Homeland Security by calling this number during business hours or this other number after hours or in an emergency. And if you cannot reach a DHS official at those numbers, here's another number.

[00:17:58] And then they also ask that you notify this office of the time of release at least 30 days prior to release or as far in advance as possible. An immigration detainer issued by ICE serves three key functions. Number one, to notify a law enforcement agency that ICE intends to assume custody of the alien that is in that agency's custody. Number two,

[00:18:27] to request information from that agency about any impending release of the agent or alien so ICE can assume custody in a safe environment. And three, to request the law enforcement agency to maintain custody of the alien for a period not to exceed 48 hours beyond when he or she would otherwise have been released and this gives ICE time to go get them.

[00:18:58] It says the detainer is a request and does not impose any obligations on the law enforcement agency. Okay, so McFadden is using that. It's a request. See, it's a request. So I don't have to do it. Why wouldn't he do it? Well, after the last incident occurred where he released a violent offender and ICE was unable to take them

[00:19:28] into custody in the jail because of the sheriff's office refusal to abide the request, he put out a big statement where he explained how it's not his fault, I mean, which is very on brand for Gary, not my fault McFadden. And he says in this statement, simply deporting individuals is not an effective solution and does not make our communities safer. I'm going to read that again. Simply deporting

[00:19:58] individuals is not an effective solution and does not make our community safer. That is why he does not play well with ICE. That's why he doesn't honor their requests. That's why he keeps trying to find these loopholes. He can be removed from office. I have gone over this before in the past. State law 128-16. Any sheriff or police officer

[00:20:27] shall be removed from the office by the judge of the superior court for any of the following causes. Number one, willful or habitual neglect or refusal to perform the duties of his office, which I don't think they would be able to prove that in court because he can point to the, well, it's just a request, I don't have to do it. And number two,

[00:20:57] willful misconduct or maladive administration in office. And that right there, there is more than enough evidence to support that charge from his personnel problems, from the toxic culture he has created there, the jail deaths, and also this, maladministration. There is a way to get him removed before he stands for re-election again in another two years. You just

[00:21:27] have to have the political will to do so. All right, if you're listening to this show, you know I try to keep up with all sorts of current events, and I know you do too, and you've probably heard me say, get your news from multiple sources. Why? Well, because it's how you detect media bias, which is why I've been so impressed with Ground News. It's an app, and it's a website, and it combines news from around the world in one place, so you can compare coverage and verify information. You can check it out at check.ground. dot news

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[00:22:26] every feature. Your subscription then not only helps my podcast but it also supports Ground News as they make the media landscape more transparent. So I mentioned that there's a Senate bill. I'm calling it Gary's Law named after Gary Not My Fault McFadden. I'm also calling the House bill Gary's Law as well and hopefully they will combine the two bills and it'll be known as Gary's Law. If I have anything to do with it

[00:22:55] I am going to make sure that it's referred to as Gary's Law or the McFadden Initiative or maybe Sugar Free. The Sugar Free Act because that's his Twitter handle. Our sheriff's Twitter handle is Sugar Free Talk. Yeah. Anyway, the Senate bill, I don't know if you've ever read through some of these types of bills but they have a lot of whereases at the beginning of the legislation and after they do the

[00:23:25] whereases they do a therefore be it so ordered blah blah blah blah blah So two of the whereases I thought were sorry, three of the whereases I thought were pretty relevant here worth noting. Number one was while the federal government is ultimately responsible for the enforcement of our nation's immigration laws, states and local governments have a critical role to play in upholding the rule of law, fighting illegal immigration and protecting

[00:23:55] the safety of our citizens. That is true. Local law enforcement, local governments have a critical role to play here. Another whereas says, you know, Trump did declare a national emergency at the southern border of the United States, which it seems like our sheriff is acting like that never happened. Right? When there was a state of emergency

[00:24:24] declared over COVID, right, sheriffs were all about the enforcement, right? Well, we're under a state of emergency. Well, we have one now too. There was a national emergency declared on this topic and McFadden is acting like it never happened. Also, I would point out that our state attorney general, the top law enforcement officer of the state, Jeff Jackson, a.k.a. Baby

[00:24:54] Jesus, he has not touched this issue and I suspect he will not, right? I suspect he will not even though he is in a unique position to get our sheriff in his hometown to cooperate with ICE, but he won't do it because the Democrat party has aligned itself with this open borders philosophy. Another whereas,

[00:25:24] section 5 of article 3 of the North Carolina Constitution charges the governor with taking care that the laws are faithfully executed and whereas to date Governor Stein has not directed state agencies, law enforcement officers, or other agents of the state to take actions to support or participate in these initiatives to accomplish these goals of securing taxpayer dollars for American and

[00:25:53] state citizens or to prevent actions by agencies or political subdivisions of the state that may frustrate these purposes. So the legislation is also calling out our governor, who was also the former state attorney general, who also did not weigh into this conversation, did not try to get the handful of sheriffs, including the one here in Mecklenburg County, to cooperate fully with ICE and to honor

[00:26:22] the requests that are made to detain violent criminal illegal aliens. Because again, the Democrats incentives are not aligned with this kind of law enforcement and cooperation. 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. You can also become a patron at my

[00:26:51] Patreon page or go to thepcalendershow.com. Again, thank you so much for listening and don't break anything while I'm gone.