Kennedy Questions Judicial Nominee’s Political Affiliation

Senator John Kennedy (R-LA) grilled Judge Sarah Netburn during a Judiciary Committee hearing on Wednesday, asking her a series of questions about a trans-identifying male sex offender whom she had recommended be sent to a women’s prison.

Kennedy asked Netburn, who was nominated to be a United States District Judge for the Southern District of New York, about her recommendation — specifically why, despite a history that included raping a nine-year-old boy and a 17-year-old-girl, Netburn would recommend that such an individual be sent to a women’s prison.

WATCH:

Kennedy: “You’re really a political activist, aren’t you?”

Netburn: “I’m not, sir”

Kennedy: “Your record demonstrates otherwise.”

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This judge belongs nowhere NEAR a courtroom. pic.twitter.com/I4HEpuE0Aj

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“Do you remember an inmate name William McClain?” Kennedy began, detailing the crimes to which McClain had pled guilty — the rape of a nine-year-old boy and the subsequent rape of a 17-year-old girl. After serving time and being released, McClain was arrested again for sending child pornography to another sex offender. Netburn, after a few false starts, appeared to acknowledge the accuracy of Kennedy’s assessment up to that point.

“And then he decided to transition,” Kennedy continued. “He became a female and started going by July Justine Shelby, is that right?”

“Yes.”

“And Ms. Shelby said, ‘I don’t want to go to a male prison. I want to go to a female prison,’” Kennedy said. “And the board of prisons said, ‘What planet did you parachute in from? You’re going to a male prison, with this kind of record.’”

Kennedy then asked Netburn how she came to the conclusion that Shelby should be allowed to serve time in a women’s prison.

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“I issued a report and recommendation to the district judge,” Netburn said, claiming that medical needs would not be met properly in a male prison.

“What were you thinking in saying it’s ‘only hypothetical’ that [Shelby] would reoffend?” Kennedy asked. “You’re really a political activist, aren’t you?”

“I’m not, sir,” she objected.

“But your record demonstrates otherwise,” he replied.

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