Cruz Confronts Biden Nominee for Transferring Convicted Child Rapist to Women’s Prison

Sen. Ted Cruz (R-TX) fiercely questioned President Joe Biden’s judicial nominee, U.S. Magistrate Judge Sarah Netburn, during a Senate Judiciary Committee hearing on Thursday. The contentious exchange centered on Netburn's decision to transfer a male prisoner, convicted of severe sex crimes, to a women’s prison.

Cruz’s interrogation highlighted Netburn’s controversial ruling, which allowed a male prisoner, who had admitted to raping a nine-year-old boy and a 17-year-old girl and distributing child pornography, to be moved to a female facility. The prisoner, despite having male genitalia, identified as female.

“In your court, what matters more: the rights of individuals or your political ideology?” Cruz asked pointedly. Netburn responded that her political ideology “doesn’t matter at all,” to which Cruz sharply retorted, “Okay, 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.”

Netburn’s decision rested on her assessment that the prisoner was “hormonally a female.” Cruz criticized this rationale, pointing out the dangers posed to female inmates by transferring a “six-foot-two serial rapist, serial child rapist with male genitalia” into their facility.

“The other women in that prison, do they have any rights?” Cruz asked, to which Netburn acknowledged they do, though she emphasized that her decision was based on legal considerations and the right of incarcerated individuals to safety.

Cruz, however, accused Netburn of prioritizing ideological considerations over the safety of female inmates. He cited the Bureau of Prisons’ argument that placing the prisoner in a women’s facility posed a significant risk of sexual assault. Cruz read from Netburn’s order, which dismissed these concerns, stating, “The Bureau of Prisons claimed penological interest in protecting female prisoners from sexual violence and trauma. This interest is legitimate. But there are no signs that petitioner is at risk of reoffending. The record is devoid of evidence of incidents of violence or assault during petitioner’s incarceration when she was the perpetrator, only the victim. A theoretical risk of sexual assault by the prisoner without more cannot support the BOP's position. No evidence, theoretical.”

“In what universe is someone who is a serial repeat child rapist not at a risk of reoffending?” Cruz demanded. Netburn repeatedly declined to directly answer the question, maintaining that her decision was based on the facts and the law as presented to her.

Cruz concluded his grilling by highlighting what he saw as a contradiction in Netburn’s testimony compared to her written order, emphasizing the risks posed by such judicial decisions to the safety and rights of other inmates.

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