GOP senators are questioning the judicial nominee's recommendation for the transfer of transgender prisoners

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A judicial nominee of President Biden was questioned Wednesday about a 2022 recommendation to transfer a biological man, who has apparently transitioned and identifies as a woman, to a women's prison despite previous convictions for child rape and possession of child pornography.

During a Senate Judiciary hearing, Republican Senators John Kennedy of Louisiana and Ted Cruz of Texas questioned U.S. Magistrate Judge Sarah Netburn, who was nominated to serve on the U.S. District Court for the Southern District of New York, about the reason why she recommended William McClain, whose name is July Justine Shelby, is housed in a federal prison along with female inmates.

“Miss Shelby said I don't want to go to a men's prison. I want to go to a women's prison,” Kennedy told Netburn. “And the Board of Prisons said, 'What planet were you parachuted from? You're going to a men's prison with this kind of record.' And you sent him to a women's prison, you said the Board of Prisons was trying to violate the constitutional rights of Ms. Shelby, former Mr. McClain, right?

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Sens. Ted Cruz and John Kennedy questioned Judge Sarah Netburn on Wednesday about her recommendation that a convicted sex offender who transitioned into a woman be transferred to a federal women's prison. (Senate Judiciary Committee)

He noted that Shelby, who was incarcerated at the Federal Correctional Institution in Otisville, New York, was convicted of raping a teenage boy and a young girl, and of sending child pornography to other sex offenders.

“I have issued a report and recommendation to the district judge recommending that the district judge transfer petitioner to a women's facility,” Netburn responded.

“My recommendation was that the petitioner's serious medical needs were denied by keeping her in a men's clinic,” she added.

On Netburn's recommendation dated August 3, 2022, U.S. District Judge Broderick issued an order to the Bureau of Prisons requesting that “Ms. Shelby be transferred to a women's institution as soon as possible.”

In a handwritten petition filed in April 2020, Shelby said she feared for her health, safety and life and suffered from gender dysphoria.

Cruz questioned Netburn about Shelby's male appendage.

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Judge Sarah Netburn

Judge Sarah Netburn is testifying before the Senate Judiciary Committee on Wednesday. (Senate Judiciary Committee)

“And this person. Five feet tall, biologically a man. A minute ago you said that when this man decided he was a she, you said this person was quoted, I wrote it down: 'down to earth and completely feminine' , '” he said. “That sentence seemed just as remarkable to me. Did this person have male genitalia?'

“Sorry, what I meant to say was hormonally a woman,” Netburn replied before admitting that Shelby has male body parts.

“So you brought a six-foot serial rapist. A serial child molester with male genitalia,” Cruz said. “And he said, you know, I'd like to be in a women's prison. And your response was, “That sounds great to me.” Let me ask you something. Do the other women in that prison have rights?

“Do they have the right not to have a 6-foot-2 man, a repeat serial rapist, as a cellmate?” Cruz added.

“Senator Cruz, I take into account the facts presented to me and I have reached a decision,” the judge said before noting that anyone in custody has the right “to be safe in their own space.”

Cruz then referenced Kennedy's previous comments when he called Netburn a “political activist.”

“This is not an order from a judge,” Cruz said. “By the way, this is a political activist. The beginning of your order, says. At birth. People are usually assigned a gender. I have to say that would surprise many Americans. A lot of Americans think you go to the hospital, a baby is born, and congratulations to you.”

Judge Anne Hwang, Judge Sarah Netburn, Judge Michelle Court, Stacey Neumann, Judge Cynthia Valenzuela

Judges Michelle Court, Anne Hwang, Judge Sarah Netburn, Stacey Neumann and Cynthia Valenzuela were sworn in Wednesday to testify before the Senate Judiciary Committee in Washington, D.C. (Senate Judiciary Committee)

“You have a little boy, a little girl, who have been assigned a gender. I know you went to Brown (university), but it sounds like it's in a university faculty lounge, with no bearing on reality, the Bureau of Prison argued,” he continued. . “What I'm saying now is that if you put this person in a women's prison, there is a risk of sexual assault on the women. And do you know what you did? You said you didn't care about the women. I'm going to quote what you wrote. You wrote, quote: The Bureau of Prisons claimed a criminally logical interest in protecting female prisoners from sexual violence and trauma.

Netburn claimed she “looked at the facts before me in this case.”

Cruz and Kennedy then fell out with Sen. Laphonza Butler, D-Calif., who chaired the meeting after Sen. Dick Durbin, D-Ill., dropped out to give Netburn more time to explain herself and possibly change her. testimony.

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“Senators, I have given both of you more time to complete the questioning,” Butler said.

“She has an obligation to explain why she directly contradicted what she wrote in her report,” Cruz said. “She says in her report that the Bureau of Prisons claims there is technological interest in protecting female prisoners from sexual violence and trauma. She just told you that the Bureau of Prisons has not said there are any concerns about sexual assault and trauma. contradictory. And why are you contradicting what you wrote in your report?

“This is absurd!” Kennedy shouted.

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