Sens. Ted Cruz and John Kennedy questioned Magistrate Judge Sarah Netburn on Wednesday about her recommendation that a convicted sex offender who transitioned to a woman be transferred to a women's federal prison. (Senate Judiciary Committee)
He noted that Shelby, who was incarcerated at the Federal Correctional Institution in Otisville, New York, had been convicted for raping a teenage boy and young girl, as well as sending child porn to other sex offenders.
"I issued a report and recommendation to the district judge recommending that the district judge transfer the petitioner to a women's facility," Netburn replied.
"My recommendation was that the petitioner's serious medical needs were being denied by keeping her in a men's facility," she added.
Upon Netburn's Aug. 3, 2022, recommendation, U.S. District Judge Broderick issued an order to the Bureau of Prisons requesting the agency "transfer Ms. Shelby to a female facility as soon as possible."
In a handwritten petition filed in April 2020, Shelby said she feared for her health, safety and life and suffered from gender dysphoria.
Cruz questioned Netburn about Shelby's male appendage.
SIX KEY SENATE SEATS THAT COULD FLIP IN NOVEMBER
Judges Michelle Court, Anne Hwang, Judge Sarah Netburn, Stacey Neumann and Cynthia Valenzuela are sworn in to testify before the Senate Judiciary Committee on Wednesday in Washington, D.C. (Senate Judiciary Committee)
"You have a little boy, a little girl the assigned a gender. I know you went to Brown (University), but it sounds like it's in a college faculty lounge with no bearing on reality, the Bureau of Prison argued," he continued. "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."
Netburn maintained that she "looked at the facts that were before me in this case."
Cruz and Kennedy then got into an argument with Sen. Laphonza Butler, D-Calif., who was chairing the meeting after Sen. Dick Durbin, D-Ill., stepped out, to allow Netburn more time to explain herself and potentially change her testimony.
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"Senators, I gave both of you more time to finish your line of the questioning," said Butler.
"She has an obligation to explain why she directly contradicted what she wrote in her report," said Cruz. "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. And why are you contradicting what you wrote in your report."
"This is absurd!," yelled Kennedy.
Louis Casiano is a reporter for Fox News Digital. Story tips can be sent to louis.casiano@fox.com.
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