During a Senate Judiciary hearing, Magistrate Judge Sarah Netburn, a President Biden judicial nominee for the US District Court for the Southern District of New York, was questioned by Republican Senators John Kennedy and Ted Cruz about a 2022 recommendation she made to transfer a biological male, William McClain who identifies as female, to a female prison. Despite McClain’s prior convictions for raping children and possession of child pornography, Netburn recommended the transfer due to McClain’s claim of being denied serious medical needs in a men’s facility.
Sen. Kennedy highlighted McClain’s past convictions for molesting a 9-year-old boy and raping a 17-year-old girl, as well as sending child porn to other sex offenders. Netburn admitted to recommending the transfer based on the belief that McClain’s serious medical needs were not being met in a men’s facility. This recommendation led to a court order for McClain to be transferred to a female facility, following a petition filed by McClain expressing fears for her safety, health, and life, citing gender dysphoria.
Sen. Cruz questioned Netburn about McClain’s biological characteristics, stating that despite being six-foot-two and biologically male, she was referred to as “sober and entirely a female” due to gender identity. Cruz raised concerns about the rights of other female inmates in the prison, questioning the potential risks posed by housing a male rapist in a female facility. Netburn defended her decision based on the facts presented to her and the right of every incarcerated individual to be safe in their space, denying allegations of disregard for the safety of female prisoners.
Cruz criticized Netburn for what he perceived as a disregard for the safety of female inmates, pointing out contradictions between her testimony and written reports. He raised concerns about the risk of sexual assault to women if a male rapist is housed with them, emphasizing the duty to protect female prisoners from such violence. The argument between Cruz, Kennedy, and Netburn escalated during the hearing, with Sen. Laphonza Butler intervening to allow Netburn to clarify her testimony and address the contradictions raised by the senators.
The contentious questioning of Judge Netburn over her recommendation to transfer a male rapist identifying as female to a female prison highlighted concerns about the safety and rights of female inmates in correctional facilities. The senators criticized Netburn for what they perceived as a lack of consideration for the potential risks posed by housing a male convict in a female facility. The hearing brought to light the complex issues surrounding gender identity, safety in correctional settings, and the responsibilities of judicial nominees in making decisions that impact the well-being of incarcerated individuals.
