Sen. Ted Cruz (R-TX) tore apart U.S. Magistrate Judge Sarah Netburn, a Biden nominee for the U.S. District Court for the Southern District of New York, over her decision to allow a male serial rapist in a female prison.
In 2022, Netburn recommended William McClain, who suddenly became a female named July Justine Shelby, for the female side of a federal prison.
McClain pled guilty to raping a nine-year-old boy and a 17-year-old girl. He was also convicted of sending child porn to other sex offenders.
But McClain was “hormonally a female” so it’s totally okay since it’s obvs that hormones make me a female, right? It has NOTHING to do with chromosomes, right?
(Stop reducing females to body parts and hormones!)
The entire exchange (I emphasized the important parts):
SEN. TED CRUZ: In your court, what matters more, the rights of individuals or your political ideology?JUDGE SARAH NETBURN: I apply the law to the facts of the case.CRUZ: I asked the question, what matters more?NETBURN: My political ideology doesn’t matter at all.CRUZ: So, 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. This case involves a male defendant who raped a nine-year-old boy. Was he guilty of that?NETBURN: Yes, the petitioner pled guilty to that.CRUZ: So he raped a nine-year-old boy. He also raped a 17-year-old girl. Was he guilty of that?NETBURN: He pled guilty. The petitioner pled guilty to that crime as well.CRUZ: So was he guilty?NETBURN: I hope so because she pled guilty to it.CRUZ: He was a he when he did this.NETBURN: That’s correct.CRUZ: One year after being released again, he was convicted of having child pornography. Is that correct?NETBURN: I’m unclear on exactly the time frame that you’re at. But the petitioner was convicted of distributing child pornography, child pornography… abhorrent conduct for which there are real victims.CRUZ: And this individual, 6’2″ biologically a man, a minute ago, you said that when this man decided that he was a she, 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? That is a verbatim, quote entirely a female.NETBURN: Sorry. What I meant to say was hormonally a female.CRUZ: Ok. But that’s not entirely, did this individual have male genitalia?NETBURN: Yes.CRUZ: So you took a 6’2″ 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? The other women in that prison, do they have any rights?NETBURN: Of course.CRUZ: Do they have the right not to have a 6’2″ man who is a repeat, serial rapist put in as their cellmate?NETBURN: Senator Cruz, I considered the facts presented to me and I reached a decision based on the law.CRUZ: I asked you a question. Do they have a right not to have a 6 ft two man who is a serial rapist put in as their cellmate? Do those women have a right to that?NETBURN: Every person who is incarcerated has the right to be safe in their space.CRUZ: But you didn’t think so. You didn’t think so. And in fact, I’m going to give you some quotes from your order because Senator Kennedy is right, this is not a judge’s order. This is a political activist.By the way, the beginning of your order says “At birth, people are typically assigned a gender.” I’ve got to say that would astonish a lot of Americans, a lot of Americans think you go to the hospital, a baby is born and congratulations, you have a little boy, a little girl, the “assigned a gender.” I know you went to Brown but it sounds like it’s in a college faculty lounge with no bearing on reality.The Bureau of Prison argued 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…In what universe is someone who is a serial repeat child rapist, not at a risk of re-offending?NETBURN: Senator, as I do in every case–CRUZ: I know you’ve been told to repeat the line, “I follow the law.”I asked a question. In what universe is someone who is a serial repeat child rapist, not at risk of reoffending.NETBURN: Sir., I looked at the facts that were before me in this case, all of the evidence including the statements of every warden who had supervised this petitioner.CRUZ: I have to say, if I were the father of one of those women and you decided that my daughter’s cellmate was going to be a 6’2” man who over and over and over again committed violent sexual assault. I would say the entire justice system is absurd and it is clear on your record, your political ideology matters a heck of a lot more than the rights of those women that you endangered. I think you’re a radical and I think you have no business being a judge.
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