Lawmaker aghast after Dem sheriff can’t answer basic ‘fifth-grade’ civics question

North Carolina Republican State Rep. Allen Chesser said he was surprised that a Democratic sheriff who has long opposed cooperation with U.S. Immigration and Customs Enforcement (ICE) could not answer a basic question about how government works.

A recent North Carolina House of Representatives Oversight Committee hearing spurred by the murder of Iryna Zarutska, a young Ukrainian woman, in Charlotte ended with Chesser asking Mecklenburg County Sheriff Garry McFadden, “What branch of government do you work under?” It took an unexpected turn when he asked:

McFadden, the top law enforcement official in the county where Zarutska was killed, responded simply, “Mecklenburg County,” prompting Chesser to ask, “Which branch of government do you work for, sheriff?” He made her repeat the question.

The Sheriff replied, “The Constitution of the United States,” to which Chesser responded: “That’s what determines the branches of government; I’m asking which branch you belong to.”

After McFadden answered “Mecklenburg County” again, Chesser remarked: “This is not where I expected to be stuck. Um, do you realize how many branches of government there are?” The sheriff quickly responded, “No.”

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After a long pause, Chesser continued: “For the sake of argument, let’s say there are three branches of government: legislative, executive and judicial. Which of these three do you fall under?”

“I think I fall under that last one… criminal,” the sheriff said.

Chesser said, “You are wrong, sir. You are the responsibility of the executive.”

After that, Chesser continued to press McFadden about how he reconciled his responsibility to enforce the law as an executive branch official with his opposition to cooperating with ICE. Chesser asked McFadden how he reconciled his responsibility with a statement the sheriff had made earlier: “We have no role in enforcement, we don’t have to follow the rules and laws administered by our deputies in Raleigh.”

The sheriff said Chesser took his words out of context and that it was strictly a reference to immigration enforcement.

Although he declined to provide further context on the statement, McFadden confirmed that his office now complies with state laws requiring cooperation with ICE, saying: “We comply with the law, we comply with the law when the law is produced.”

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Iryna Zarutska curls up in fear as a man looms over her during the disturbing attack on a Charlotte, NC light rail train. (NewsNation via Charlotte Area Transit System)

In an interview with Fox News Digital the day after the hearing, Chesser, a military veteran and former police officer, said: “Frankly, these were not the cache of questions that I thought we would ask him.”

“He had many statements made to the media and local press in different interviews that contradicted some of the statements he made yesterday about complying with the law. [only] “One of those statements was that we were stuck with what I thought was the foundation, a basis for how we were going to determine that his role was to enforce the law,” he explained, adding, “I didn’t expect to be in fifth grade civics class with a duly elected sheriff.”

He said McFadden “decided to kind of make himself a centerpiece in refusing to enforce immigration law here in North Carolina,” adding: “This is not refusing to enforce immigration law, but this is refusing to enforce state law that says he must cooperate with ICE and ICE detention officers when people are in custody in his facilities.”

WHO IS IRYNA ZARUTSKA, THE UKRAINIAN REFUGEE KILLED IN THE CHARLOTTE TRAIN ATTACK?

Ukrainian Iryna Zarutska came to the United States to escape the war but was stabbed to death in Charlotte. (Evgeniya Rush/GoFundMe)

“Last summer, we experienced the unfortunate death of a young Ukrainian citizen who sought refuge in our country and state,” 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 is whether you are safe and whether the law is enforced does not depend on which county you find yourself in.”

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“North Carolina is a safe state for anyone who chooses to come here, and that is the purpose of the Oversight Committee. [hearing] “What we did was to ensure that the law was applied equally and fairly across all imaginary lines in our state,” he said.

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