A recent North Carolina House Oversight Committee hearing, convened following the tragic death of Ukrainian woman Iryna Zarutska in Charlotte, took a startling turn when a state representative questioned a local sheriff on fundamental principles of government.
Representative Allen Chesser, a former police officer and Army veteran, was visibly surprised by Sheriff Garry McFadden’s responses during questioning. The exchange began with a seemingly simple inquiry: “What branch of government do you operate under?”
Sheriff McFadden’s initial response – “Mecklenburg County” – prompted a repeated question from Chesser. The sheriff then answered, “The Constitution of the United States,” but struggled to identify which specific branch his office fell under when pressed further.
After a lengthy pause, Chesser outlined the three branches – legislative, executive, and judicial – and asked McFadden to identify his own. The sheriff ultimately stated he believed he fell under the judicial branch, a claim immediately corrected by Chesser.
The questioning didn’t stop there. Chesser then challenged McFadden on how his stated opposition to cooperating with U.S. Immigration and Customs Enforcement (ICE) aligned with his duty to enforce the law as part of the executive branch. He referenced a previous statement where the sheriff claimed his office had “no role in enforcement.”
McFadden defended his position, asserting his earlier statement was specifically related to immigration enforcement. He affirmed that his office now complies with state law requiring cooperation with ICE when applicable, stating they “follow the law, when the law is produced.”
Chesser later expressed his astonishment at the need to conduct what he described as a “fifth-grade civics lesson” with a duly elected sheriff. He had prepared to address inconsistencies in McFadden’s public statements regarding law enforcement, but the fundamental question of governmental structure unexpectedly took precedence.
The representative emphasized that McFadden had positioned himself as a key figure in resisting immigration law enforcement within North Carolina, but the core issue was the sheriff’s refusal to adhere to state laws mandating cooperation with ICE detainers.
Chesser underscored the importance of equal application of the law across the state, particularly in light of Zarutska’s death. He believes all residents and visitors to North Carolina deserve to feel safe, regardless of their location within the state’s borders.
The hearing aimed to ensure public safety isn’t determined by county lines, and that North Carolina remains a secure state for everyone who chooses to live in or visit it. The fundamental expectation, Chesser argued, is that the law will be consistently and fairly enforced.
