A President Biden judicial nominee was grilled Wednesday over a 2022 recommendation that a biological male, who has apparently transitioned and identifies as a female, be transferred to a female prison despite previous convictions for raping children and possession of child pornography.
During a Senate Judiciary hearing, Republican Sens. John Kennedy of Louisiana, and Ted Cruz of Texas, questioned US Magistrate Judge Sarah Netburn, who was nominated to serve on the US District Court for the Southern District of New York, over why she recommended William McClain, who goes by July Justine Shelby, be housed with female inmates in a federal prison.
“Miss Shelby said I don’t want to go to a male prison. I want to go to a female prison,” Kennedy told Netburn. “And the Board of Prisons said ‘What planet did you parachute in from? You’re going to a male prison with this kind of record.’ And you sent him to a female prison, did you? You said that the Board of Prisons was trying to violate Ms Shelby, former Mr. McClain’s, constitutional right, didn’t you?”
He noted that Shelby, who was incarcerated at the Federal Correctional Institution in Otisville, New York, had been convicted for molesting a 9-year-boy and raping a 17-year-old girl, as well as sending child porn to other sex offenders.
“I issued a report and recommendation to the district judge recommending that the district judge transfer the petitioner to a women’s facility,” Netburn replied.
“My recommendation was that the petitioner’s serious medical needs were being denied by keeping her in a men’s facility,” she added.
Upon Netburn’s Aug. 3, 2022, recommendation, US District Judge Broderick issued an order to the Bureau of Prisons requesting the agency “transfer Ms. Shelby to a female facility 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. --->READ MORE HERE
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| Photo: Tom Williams/CQ-Roll Call/Getty Images |
Sen. Ted Cruz grilled U.S. Magistrate Judge Sarah Netburn on Wednesday about a case centering on a serial child rapist during a judicial confirmation hearing.
Netburn, who was nominated for a seat on the U.S. District Court for the Southern District of New York, was one of five judges testifying at the Senate Judiciary Committee hearing. Cruz, R-Texas, started by asking Netburn if political ideology mattered more than individual rights.
“I don’t believe you, and I think this case demonstrates that you are willing to subjugate the rights of individuals to satisfy your political ideology,” Cruz said when Netburn claimed her political views “didn’t matter at all.”
“This case involves a male defendant who raped a 9-year-old boy. Was he guilty of that?” Cruz asked.
“Yes, the petitioner pled guilty to that,” Netburn responded.
Biden’s nominee to be the judge for the Southern District of New York, Sarah Netburn, is an absolute radical.
— Senator Ted Cruz (@SenTedCruz) May 22, 2024
She puts ideology before safety when it comes to housing biological men in women’s prisons.
When the Bureau of Prisons WARNED against housing a convicted serial child… pic.twitter.com/4QcMNUbAqC
Cruz referred to a case where Justine Shelby, a biological male who identifies as female, filed a suit to force the federal Bureau of Prisons to assign him to a women’s prison following a federal conviction on child pornography charges. Netburn ruled that Shelby should be transferred to a women’s prison. --->READ MORE HERE
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