Biden Judge Puts Controversial Inmate in Female Prison

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( – On Wednesday, Republicans in a Senate Judiciary hearing grilled one of President Joe Biden’s judicial nominees over a decision to transfer a transgender ‘woman’ to a women’s prison, despite prior convictions for assault and possession of inappropriate material featuring children.

Republican Senators Ted Cruz (Texas) and John Kennedy (Louisiana) questioned U.S. Magistrate Judge Sarah Netburn, whom Biden nominated to serve on the Southern District of New York’s U.S. District Court, about why she recommended William McClain, who now identifies as July Justine Shelby, be transferred to a female federal prison.

Kennedy highlighted that although Shelby had revealed not wanting to go to a male prison and instead preferred to be placed in a female prison, the Board of Prisons rejected that request based on Shelby’s record.

Kennedy went on to query whether Judge Netburn chose to transfer Shelby to a female prison, suggesting the Board of Prisons violated Shelby’s “constitutional right.”

The Louisianna Republican highlighted that Shelby had been convicted of assaulting a 17-year-old girl, molesting a 9-year-old boy, and sharing inappropriate materials featuring children with other like offenders.

In response to Kennedy’s questioning, Judge Netburn revealed she “issued a report and recommendation to the district judge” that Shelby get transferred to a women’s facility.

Netburn explained that her recommendation relied on Shelby’s apparent “serious medical needs” being denied by keeping the convicted offender in a “men’s facility.”

Following Netburn’s August 3rd, 2022 recommendation, U.S. District Judge Vernon Broderick issued an order to the Bureau of Prisons to have Shelby transferred “to a female facility as soon as possible.” 

Two years before Netburn’s request, Shelby, in a handwritten petition, described feeling unsafe, fearing for her life and health, and suffering from gender dysphoria.

Cruz then questioned Netburn about Shelby’s male anatomy.

Cruz highlighted that Netburn had described Shelby as “sober and entirely female,” before questioning the judge about whether Shelby, a “six-foot-two” trans woman, had male anatomy.

Netburn apologized before claiming that she “meant to say” Shelby is “hormonally a female.”

Cruz then questioned whether Netburn believed the other women in the women’s prison “have any rights?” elaborating on whether they had the “right not to have a six-foot-two man” and “serial rapist” as a cellmate? Netburn replied that she believed all prisoners had a “right to be safe in their space.”

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