Sen. Ted Cruz grills Biden judicial nominee over decision to transfer male sex offender into women's prison

The judge said her political beliefs played no role in her decision-making process, to which Cruz replied: 'OK, 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.'

Sen. Ted Cruz grills Biden judicial nominee over decision to transfer male sex offender into women's prison
AP Photo/Mariam Zuhaib
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Senator Ted Cruz (R-TX) intensely questioned U.S. Magistrate Judge Sarah Netburn, one of President Joe Biden's judicial nominees, regarding her decision to allow a male prisoner convicted of sex crimes to be transferred to a women's prison.

During the Senate judiciary hearing, Cruz accused Netburn of allowing her political ideology to undermine her judgments in court. The senator from Texas cited a case involving a male rapist whom the judge transferred to a women's prison.

“In your court, what matters more: the rights of individuals or your political ideology?” Cruz asked.

Netburn responded to say that her political beliefs played no role in her decision-making process, to which Cruz replied: “OK, 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.”

The case in question involved a defendant who had admitted to raping a nine-year-old boy and a 17-year-old girl, as well as distributing child pornography depicting adults violently raping children. Quoting her ruling, Cruz pointed out that Netburn claimed the defendant was “entirely a female.”

Netburn, who used the criminal's preferred pronouns and claimed that she misspoke and meant to say he was “hormonally a female” when she granted the prisoner's request to be transferred to a women's prison.

“So you took a six-foot-two serial rapist, serial child rapist with male genitalia, and he said, ‘You know, I’d like to be in a women’s prison,’” Cruz stated. “And your answer was, ‘that sounds great to me.’”

“The other women in that prison, do they have any rights?” Cruz asked pointedly.

Netburn acknowledged that the inmates do have rights but maintained that she had considered the facts presented to her and reached a decision based on the law, emphasizing that every incarcerated person has the right to be safe in their space.

Cruz, however, vehemently disagreed with Netburn's assessment, accusing her of issuing an order more befitting a judicial activist.

The senator quoted from Netburn's written opinion, in which she dismissed the Bureau of Prisons' concerns about the risk of sexual assault to female prisoners, stating there was no evidence of the petitioner being at risk of reoffending.

Cruz asked: "In what universe is someone who is a serial repeat child rapist not at a risk of reoffending?"

The exchange was highlighted on social media by athlete and conservative activist Riley Gaines, who praised Cruz for holding the judge accountable.

Posting on X, Elon Musk wrote, "Activists should be removed as judges."

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