David Clarke On Jim Kenney Defying Justice Department: 'He's Just Posturing'

Philadelphia (CBS) - Milwaukee County Sheriff David Clarke accused Jim Kenney of posturing after Philadelphia's mayor took a defiant stance against new Justice Department warnings aimed at sanctuary cities announced by Attorney General Jeff Sessions.

Kenney stated the Trump administration's threats to crack down on and withhold funds from cities like Philadelphia are designed to distract from their failed efforts last week to repeal and replace the Affordable Care Act.

"The thumping that they took on health care brings them back to an area where they feel comfortable, being divisive about and bullies about. That's their style," Kenney said. "When presented with a criminal warrant, we will turn anybody over, but we are not going to hold people against their will without charge. That is the Fourth Amendment to the United States Constitution and I hope that Attorney General Sessions would understand what the Fourth Amendment means."

Clarke responded in an interview with Rich Zeoli on Talk Radio 1210 WPHT by dismissing his constitutional argument, saying the requests from the administration are legal.

"He's just posturing, the mayor...when he talks about we won't hold them without a warrant, first of all, that detainer, that is a lawful order. That is a legal piece of paper that they have to send you and it says please hold onto this individual, but ICE cannot make them honor it, but it is the legal tool that allows you, under the Constitution, to hold onto that individual," Clarke explained.

Clarke also insisted that Kenney's decision to ignore requests from the federal government to detain certain undocumented immigrants put everyone in the city at risk.

"I just don't see how, with that mayor's position, in the area you're in, and others across the country, how that's in the best interest of your lawful residents because when these guys go up, and they have long criminal histories, don't forget that many of these people have come in contact with local law enforcement over and over and over again," he said. "They're career criminals and finally, of course, when they kill somebody, well, now we can hold them for 30, 40, 50 years after they're convicted. But then it's too late. I'm one those, and we take our orders from ICE and from the federal government, they'll decide what type of offenses are that they're going to schedule somebody for deportation."

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