On Wednesday, President Biden’s judicial nominees announced a 2022 recommendation to transfer biological males who have transitioned and identify as women to women’s prisons despite convictions for child rape and possession of child pornography. was heavily criticized.
At a Senate Judiciary hearing, Republican Sen. John Kennedy (Louisiana) and Sen. Ted Cruz (Texas) spoke against federal Judge Sarah Netburn, who has been nominated to be a judge in the U.S. District Court for the Southern District of New York. , asked about the reason for recommending Mr. William. McClain, whose name is July Justin Shelby, is housed in a federal prison with other female inmates.
“Mr. Shelby said he didn’t want to go to a men’s prison, he wanted to go to a women’s prison,” Kennedy told Netburn. “And the Prison Commission said, ‘What planet did you parachute into from? You’ve got this criminal record and you’re going to go to a men’s prison?’ And you sent him to a women’s prison, right? And you said the Prison Commission was trying to violate Mr. Shelby’s, formerly Mr. McClain’s, constitutional rights?”
He noted that Shelby, who was incarcerated at the Federal Correctional Facility in Otisville, New York, had been convicted of sexually abusing a 9-year-old boy and raping a 17-year-old girl. Sending child pornography Even other sex offenders.
“I have issued a report and recommendation to the district judge recommending that the complainant be transferred to a women’s facility,” Netburn responded.
“My recommendation is that placing the petitioner in a men’s facility would negate her serious medical needs,” she added.
Following Netburn’s Aug. 3, 2022 recommendation, U.S. District Judge Broderick issued an order requiring the Bureau of Prisons to “transfer Ms. Shelby to a women’s facility as soon as possible.”
In a handwritten petition submitted in April 2020, Shelby said she feared for her health, safety and life, and that she suffered from gender dysphoria.
Cruz asked Netburn about Shelby’s male appendages.
“And this person. 6’2″, biologically male. You said earlier that this person was a quote when he decided he was a woman, and I wrote it down: ‘plain and completely female,'” he said. “That statement felt great to me. Did this individual have male genitalia?”
“I’m sorry, but what I meant was hormonally female,” Netburn replied, before acknowledging that some parts of Shelby’s body were male.
“So you got a 6-foot-2-inch serial rapist, a serial child rapist with penises,” Cruz said. “And he said, you know, I want to be in a women’s prison. And you said, ‘That’s a good idea.’ So, let me ask you, the other women in that prison. Do I have any rights?”
“Do they have the right to not have a 6’5″ serial rapist as their cellmate?” Cruz added.
“Senator Cruz, I have considered the facts presented and have reached my conclusion,” the judge said, noting that everyone who is incarcerated has the right to “be safe in their own space.”
Cruz then referenced Kennedy’s earlier comments calling Netburn a “political activist.”
“This is not a judge’s order,” Cruz said. “This person is a political activist, by the way. The order begins with this: At birth. Typically, people are assigned a gender. I have to say, that’s going to surprise a lot of Americans. I think a lot of Americans think, well, you go to the hospital, they have a baby, congratulations.”
“You have a little boy and a little girl, and they’re assigned a gender. I know you went to Brown University, but it seems like you’re in a faculty lounge at a university with no relation to reality, the Bureau of Prisons asserted,” he continued. “What I’m saying now is, if you put this person in a women’s prison, you’re at risk for sexual assault against women. And you know what you did? You said you weren’t interested in women. Let me quote you from what you wrote. To quote, you wrote that the Bureau of Prisons asserted a criminal law interest in protecting female prisoners from sexual violence and trauma. This interest is legitimate.”
Netburn claimed that he had “considered the facts before me in this case.”
Cruz and Kennedy then got into an altercation with Sen. LaFonza Butler (D-Calif.), who was chairing the meeting, after Sen. Dick Durbin (D-Ill.) walked out to give Netburn more time to explain himself and potentially change his testimony.
“Senators, I’ve given you a little more time to finish your questions,” Butler said.
“She has an obligation to explain why she made statements that directly contradict what she wrote in her report,” Cruz said. “She states that in the report, the Bureau of Prisons maintains that its technical interest is in protecting female prisoners from sexual violence and trauma. I just told you that I didn’t say there were concerns about violence or trauma. Those are directly contradictory. And why would you contradict what you wrote in your report?”
“This is ridiculous!” Kennedy exclaimed.
