A recent Senate Judiciary Committee hearing turned heated and fiery when President Joe Biden's nominee to the U.S. District Court for the Southern District of New York, Magistrate Judge Sarah Netburn, had a face-to-face encounter with Sen. Ted Cruz (R-TX), who grilled her and called the judge radical.
"Biden's nominee to be the judge for the Southern District of New York, Sarah Netburn, is an absolute radical. She puts ideology before safety when it comes to housing biological men in women's prisons," Cruz wrote on X, formerly Twitter.
The senator grilled Netburn for approving the transfer of July Justine Shelby to women's prison FMC Carswell, a female federal correctional facility in Fort Worth, Texas, back in August 2022. Shelby is a transgender-identifying male child rapist. Netburn's transfer order overturned the Bureau of Prisons (BOP) rejection of Shelby's request for female housing.
Cruz got Netburn to admit the suspect had confessed to molesting a nine-year-boy and raping a 17-year-old girl. After Shelby's release 18 years later, the suspect violated parole by using the internet in his apartment, landing himself in prison for another six years until 2015. After being released again, Shelby underwent hormone therapy to begin transitioning to a female.
In 2017, the biologically male felon pleaded guilty to the distribution of child pornography. He received a mandatory minimum term of incarceration of 180 months, followed by a ten-year term of supervised release that included participation in sex offender treatment. Shelby served time between a few men’s facilities, where he said he was groped and harassed repeatedly. He asked to be relocated to a women's facility.
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Cruz said to Netburn, "So you took a six-foot-two serial rapist. Serial child rapist with male genitalia. And he said, you know, I'd like to be in a women's prison. And your answer was, 'That sounds great to me.' Let me ask you something. The other women in that prison, do they have any rights? Do they have the right not to have a six-foot-two man who is a repeat serial rapist put in as their cellmate?" Cruz rhetorically asked.
During the time of Netburn's decision, BOP claimed "that permitting petitioner to live among women will be traumatizing and possibly dangerous to them," Netburn wrote in her opinion. But to her "this concern is overblown."
The court concluded that the BOP acted with "deliberate indifference" to Shelby's "serious medical needs" in denying his transfer requests to a women's facility. Shelby for years was eager to begin genital reassignment surgery, specifically penis removal, according to court documents.
Meanwhile, the Texas senator went on to accuse Netburn during the hearing of being a political activist instead of a judge who deals with fact and law. "When the Bureau of Prisons WARNED against housing a convicted serial child rapist in a women’s prison, Netburn disregarded the recommendation and housed the rapist with women anyway. This was a disgusting, purely politically ideological decision made by the judge," Cruz posted on X.
Netburn was appointed years after conniving with Big Tech to hide a Biden family scandal
According to the Daily Wire, Netburn signed off on an order mandating Google to secretly hand over to criminal investigators information from the email account of the Project Veritas journalist who had obtained the diary of Ashley Biden, President Joe Biden's daughter.
Project Veritas ultimately decided not to publish the diary. Nonetheless, lawyers for Ashley Biden contacted the U.S. Attorney for the Southern District of New York, which turned the missing diary into a federal case. In the diary, the president's daughter discussed drug addiction and questioned whether her sexual compulsion stemmed from her father allegedly showering with her as a child.
The order signed by Netburn also forbade Google from letting the target know about it, preventing Project Veritas from fighting the move.
"The information sought is relevant and material to an ongoing criminal investigation, and that disclosure to any person of this investigation of this application and order… would seriously jeopardize the investigation," the order said.
The application for a search warrant was also sealed, making it unknown exactly what prosecutors told Netburn. The case became public after prosecutors executed pre-dawn raids at the homes of three former Project Veritas journalists, drawing condemnation even from left-leaning civil liberties groups. (Related: FBI admits colluding with Big Tech to ramp up online censorship efforts ahead of 2024 election.)
Netburn granted the ruling favorably to Biden in December 2020, after Joe Biden had won the presidential election. Three and a half years later, the president nominated Netburn for a lifetime appointment as New York district judge.
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