Republican Sen. Ted Cruz slammed one of Joe Biden’s judicial nominees at a Senate Judiciary hearing on Wednesday, May 22.
U.S. Magistrate Judge Sarah Netburn has been nominated by the President to serve on the U.S. District Court for the Southern District of New York, prompting a hearing in front of Senators.
In 2022, Judge Netburn recommended William McCain, who identifies as July Justine Shelby, be housed with female inmates in a federal prison despite being convicted for child rape and possession of child pornography.
“Six-foot-two, biologically a man,” said Sen. Cruz. “A minute ago, you said that when this man decided that he was a she, that you said this individual was quote, I wrote it down, ‘sober and entirely a female.'”
“That phrase struck me as remarkable. Did this individual have male genitalia?” asked Cruz. “Do they have the right not to have a six-foot-two man who is a repeat serial rapist put in as their cellmate?”
In response, Judge Netburn said she “consider[s] the facts presented to me, and I reached a decision”, adding that inmates have the right “to be safe in their space”.
Echoing fellow Sen. John Kennedy of Louisiana, Sen. Cruz labelled Netburn as “a political activist”.
“What I’m saying right now, that if you put this person in a female prison, there will be a risk of sexual assault to the women. And 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 penal logical interest in protecting female prisoners from sexual violence and trauma. This interest is legitimate,” responded Cruz.
Following a heated argument with Democrat chair Laphonza Butler, Cruz added: “[Netburn] has an obligation to explain why she directly contradicted what she wrote in her report. She says in her report, the Bureau of Prisons claim technological interest is in protecting female prisoners from sexual violence and trauma. She just told you the Bureau of Prisons didn’t say there was a concern about sexual violence and trauma. Those are directly contradictory.”
