By JOHN NORTH

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ARDEN — Buncombe County Sheriff Van Duncan, a Democrat, ignited verbal sparks when he said the United States Constitution is “a living document” during an address to the Asheville Tea Party following an Oath Keepers presentation on Aug. 13 at Lone Star Steakhouse.

A number of ATP members responded to the sheriff with shouts of “no!” and boos to his interpretation of the Constiution as a document that evolves and changes over time.

Duncan also said he opposes the Oath Keepers, triggering more friction between him and his conservative audience. 

Meanwhile, Henderson County Sheriff Charlies McDonald, a Republican, who said he sees the Constitution as a static document, received a more positive reception from the standing-room-only crowd of about 50 people that jammed into the eatery’s meeting room.

Regarding his position on Oath Keepers, which he supports, McDonald asserted, “While I do support our Constitution, I believe our biggest change is our ability to pray to the almighty God.”

In an apparent effort to avoid creating polarization with Duncan, whom he repeatedly called a friend, McDonald said, “Like Sheriff Duncan, I am a constitutionalist.”

However, a man interjected, “You’re a constitutionalist — are you a living constititionalist or a static constitutionalist?”

In a reference to Duncan, McDonald said on that issue, “We vary a little bit ... and he’s still my good friend ... I believe it (the Constitution) was written the way it’s supposed to be.” To that, the ATP members erupted in cheering and applause.

Also present at the meeting were Oath Keepers’ spokesmen Vic Behoriam and Barry Kinchen; and Scott Bissinjer, Buncombe’s chief sustainability officer.

As the meeting began, ATP Chairwoman Jane Bilello introduced Behoriam and Kinchen, who gave a lengthy presentation, which included the showing of two eight-minute videos. As they noted, Oath Keepers’ members swear to honor their oath to the United States Constitution.

When they asked how many military veterans were in the audience, about one-fourth to one-third of the crowd raised its hands.

It was noted during their program that U.S. Marines have the right to refuse to obey an unlawful order.

In the videos, a clip appeared to show U.S. soldiers — apparently unlawfully — taking away guns from people in Louisiana during the Hurricane Katrina disaster.

Following the program, Duncan and McDonald shared their views on the Oath Keepers, triggering a lively discussion and question-and-answer session.

Speaking first, Duncan, Buncombe’s sheriff, said, “There are things there with the Oath Keepers that make me uncomfortable.”

Specifically, the sheriff said, “They think our federal government is pushing for a one-world government,” a contention with which he disagrees.

Also, he added, “They talk about how they wouldn’t stop individuals and states from seceding” from the union.

Further, Duncan charged that the Oath Keepers seem to be “9/11 truthers.,” meaning they see some kind of devious involvement — possibly complicity with the perpetrators --— by the U.S. government in the 9/11 disaster.

He suggested to the Oath Keepers and ATP members that, “to get a little perspective on it,” they research the matter further and read “reliable” websites.

At that point, Duncan was greeted with a cascade of  ATP members shouting “No!” when he said, “The Constitution is a living document.”

With a grin, the sheriff said, “I’m a 2nd Amendment supporter ... and I’m a Democrat.”

Upon further questioning by ATP members, Duncan said, “I don’t support the Oath Keepers because there are things there that might cause me to violate my oath.”

He added that because he is Buncombe’s elected sheriff, “I owe it to you” to explain his stance on the issue.

And, despite contentions made about government intrusion during the Oath Keepers’ presentation, Duncan said, “I’ve never seen any overstepping of the government’s bonds in Buncombe County ....

“I’ve never had an occasion where the FBI” or any other law enforcement agency “came in and dictated” what would be done locally.

Duncan reiterated to his ATP critics, “Research. Check your sources and research.”

Someone asked Duncan, “How would you have responded to (Hurricane) Katrina?”

“I can’t find a situation where they (law enforcement) went in to someone’s home, but I did find several cases where people had guns in the streets” — and the guns were seized by the police.

Duncan was asked about his view of the government’s handling of David Koresh and the Branch Davidians at Waco, Texas. (In 1993, Koresh, 54 other adults and 28 children were found dead after a raid and siege by government agents, after which their compound was set on fire.)

“I think it could have been handled” better, Duncan said of the Waco incident.

Regarding immigration enforcement, Duncan said, “Unless the county sheriff enters into an agreement with the federal government, then we have no authority to enforce immigrations laws.”

Behoriam, the Oath Keepers’ main speaker said, “That’s what I’m talking about — bureaucracies running wild. You guys (the two sheriffs) have been holding the line” against the bureaucrats.

At that point, McDonald, Henderson’s sheriff, said, “I’ve known Sheriff Duncan since the 1980s ... I do want you to know he’s an honorable, super-good man.”

He added, “We have a great sheriff’s assocation in North Carolina. The vast majority of those guys are Christians ... A lot of thought and prayer goes into our decisions.”

During a question-and-answer session that followed the sheriffs’ remarks, meeting attendee Don Yelton said, “Yeah, Van. How much did you pay the (Henderson) sheriff to say good things about you?”

“Charlie and I have worked together for a long time,” Duncan replied evenly. “He’s a good man.”

A man asked McDonald, “What do we do about the federal government not protecting our borders?”

“You can’t have a solid nation without secure borders,” McDonald answeredd. “I see a lot of people from other countries — primarily from Mexico and even from Honduras ... They were brought here” at a very young age — “and they don’t know any more about Honduras than I do,”

He added, “My job is to do what’s in the best interests of the county.”

Duncan said, “I’m not going to argue with anyone that says Washington is broken because of partisan politics.”

Bilello, the ATP chief, then noted to the embattled Duncan that, despite their differences, “we support you and thank you for coming.”

She noted that Duncan sent deputies to an ATP candidates’ forum last fall to provide security — after the Asheville Police Department refused — when threats of disruptions of the event were received from Occupy Asheville participants. (No disruption occurred.)

On a positive note, Behoriam told the ATP members, “The feeling I got from the two sheriffs today is ... that they’re prepared to do the right thing.”