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North Carolina Sheriff Garry McFadden was baffled by a fifth-grade public question at a suspicious time

North Carolina Republican State Representative Allen Chesser said he was surprised when a Democratic official who has long opposed cooperation with US Immigration and Customs Enforcement (ICE) could not answer a basic question about how the government works.

A North Carolina House Oversight Committee hearing prompted by the recent killing of a young Ukrainian woman, Iryna Zarutska, in Charlotte, took an unexpected turn when Chesser asked Mecklenburg County Sheriff Garry McFadden, “What branch of government do you work under?”

McFadden, the top law enforcement officer in the county where Zarutska was killed, immediately replied, “Mecklenburg County,” prompting Chesser to repeat, “What branch of government do you work under, sheriff?”

The police chief replied, “The Constitution of the United States,” Chesser replied, “That’s what establishes the branches of government; I’m asking what branch you fall under.”

After McFadden answered, “Mecklenburg County” again, Chesser remarked, “That’s not where I expected to be stuck. Um, do you know how many branches of government there are?” The sheriff quickly replied, “No.”

After a long silence, Chesser continued, “For the sake of argument, let’s say there are three branches of government: legislative, executive, and judicial.

Mecklenburg County Sheriff Garry McFadden is questioned during a North Carolina Housing Oversight Committee hearing. Fox News
North Carolina Republican State Representative Allen Chesser said he was surprised by the Democratic sheriff’s response. Fox News

The sheriff replied, “I believe I fall under the latter … of judgment.”

“You’re wrong, sir. You’re coming in under an officer,” said Chesser.

Afterward, Chesser continued to press McFadden about how he reconciled his responsibility as an executive branch officer to enforce the law with his opposition to cooperating with ICE. Chesser asked McFadden how he reconciled his responsibility with an earlier statement in which the police chief said, “We don’t have a role in law enforcement, we don’t have to follow the rules and regulations that are being administered by lawmakers in Raleigh.”

The sheriff said Chesser was taking his comments out of context, saying they were about immigration enforcement.

The hearing was prompted by the recent killing of a young Ukrainian woman, Iryna Zarutska, in Charlotte. GoFundMe

While he declined to provide more context in the statement, McFadden confirmed that his office is now complying with state law that requires cooperation with ICE, saying, “We follow the law, if the law is produced, we follow the law.”

In an interview with Fox News Digital the day after the hearing, Chesser, an Army veteran and former police officer, said, “Obviously, that wasn’t the barrage of questions I thought we were going to answer.”

“I have had many statements made by him in the media and in the local media and in various interviews that conflicted with the evidence he gave yesterday about following the law. [only] one of those statements because we stuck to what I thought was the basics, just laying the groundwork for how we’re going to make sure his role is law enforcement,” he explained, adding, “I didn’t expect to walk into a fifth-grade civics class with an officially elected sheriff.”

McFadden confirmed that his office is now in compliance with state law requiring cooperation with ICE. AP

He said McFadden has “decided to make himself a center for refusing to enforce immigration law here in North Carolina,” adding, “It’s not so much about refusing to enforce immigration law, but refusing to enforce the state law that says they have to cooperate with ICE detainers and ICE when people are detained in its facilities.”

“Last summer, we had the misfortune of losing a young Ukrainian who had taken refuge in our country and in our region,” Chesser continued. “I think all North Carolinians, and all people who find themselves in North Carolina, should be able to count on one thing when it comes to public safety, and that it’s safe or not and that the law is going to be followed regardless of what state you’re in.”

“North Carolina is a safe state for all people who choose to come here, and that’s the point of the Oversight Committee. [hearing] that we had, we ensure that the law is applied equally and applied equally in all sectors of our region,” he said.

The Mecklenburg County Sheriff’s Office did not immediately respond to Fox News Digital’s request for comment.

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