All Hell Breaks In Judiciary Committee Loose When Cruz, Kennedy Explode At Laphonza Butler

Forbes Breaking News
22 May 202410:09

Summary

TLDRIn a heated Senate hearing, Judge Netburn is questioned by Senator Cruz about a controversial case involving a transgender, serial rapist who was convicted of multiple crimes, including child pornography. The judge's decision to place the individual in a women's prison, despite their male genitalia and history of violent sexual offenses, is challenged. Senator Cruz accuses the judge of prioritizing political ideology over the rights and safety of the women in the prison. Judge Netburn defends her decision by citing the lack of evidence of violence during the individual's incarceration and the recommendations of wardens and medical providers. The exchange highlights a conflict between legal interpretation and societal concerns about safety and justice.

Takeaways

  • 👨‍⚖️ The judge in question is being accused of prioritizing political ideology over individual rights, specifically in a case involving a transgender inmate.
  • 🏢 The case revolves around a male defendant who has been convicted of multiple sexual offenses, including the rape of a minor, and is seeking to be placed in a women's prison.
  • 🗣️ There is a debate over whether the judge's decision was influenced by political bias rather than an objective application of the law.
  • 🚫 The judge is criticized for disregarding the rights and safety of other women in the prison, who may be at risk due to the presence of a serial rapist.
  • 🧬 The judge acknowledged the inmate as 'entirely a female' despite the inmate having male genitalia and a history of serious crimes.
  • 🏥 The judge cited the lack of evidence of physical or sexual violence by the inmate while in custody as a basis for the decision to transfer the inmate to a women's facility.
  • 👥 Three wardens and the Bureau of Prisons' medical provider supported the transfer due to the inmate's serious medical needs.
  • 🔍 The judge found that the Bureau of Prisons' denial of the transfer request was based on a pretext regarding hormone levels rather than concerns about violence.
  • 💬 The judge's written order contains statements that some perceive as politically activist in nature, such as the idea of gender assignment at birth.
  • 🤔 The dialogue suggests a broader concern about the judge's approach to cases, with accusations of radicalism and questions about her suitability for the bench.
  • 📖 The judge's testimony and the written order appear to be in conflict, with the judge later stating that the Bureau of Prisons did not express concerns about sexual violence, contrary to what was written in her report.

Q & A

  • What was the main issue discussed in the court regarding the male defendant?

    -The main issue discussed was the placement of a biologically male defendant, who had committed multiple sexual offenses including raping a child and possessing child pornography, into a women's prison after identifying as a female.

  • What did the judge, Judge Netburn, state about the defendant's gender identity?

    -Judge Netburn stated that the defendant was 'sober and entirely a female' when expressing the defendant's gender identity, which was a point of contention in the discussion.

  • What was the defendant's stance on his own gender identity?

    -The defendant, who is biologically male, expressed a desire to be recognized as a female and to be placed in a women's prison.

  • What concerns were raised by the Bureau of Prisons regarding the defendant's placement in a women's prison?

    -The Bureau of Prisons raised concerns about the potential risk of sexual assault and trauma to the female prisoners if the defendant, who is a serial rapist, was placed in a women's prison.

  • How did Judge Netburn respond to the Bureau of Prisons' concerns about the defendant's potential risk of reoffending?

    -Judge Netburn dismissed the concerns, stating that there was no evidence of the defendant being at risk of reoffending and that the Bureau's concerns were overblown.

  • What were the arguments made by Senator Cruz regarding the judge's decision?

    -Senator Cruz argued that Judge Netburn's decision demonstrated a willingness to subjugate the rights of individuals, specifically the rights of the women in the prison, to satisfy a political ideology.

  • What evidence did Judge Netburn consider in making her decision?

    -Judge Netburn considered the lack of physical or sexual violence by the defendant while in custody, the requests from three wardens for the defendant's transfer due to medical needs, and the testimony of the Bureau of Prisons' medical provider recommending the transfer.

  • What was the role of the transgender executive Council in this case?

    -The transgender executive Council was responsible for making decisions on behalf of transgender transfer requests within the Bureau of Prisons. They denied the transfer request based on the need to maintain the defendant's hormone levels, not on the risk of violence.

  • What was the contradiction pointed out by Senator Kennedy regarding Judge Netburn's statements?

    -Senator Kennedy pointed out a contradiction between Judge Netburn's written report and her oral testimony. In her report, she acknowledged the Bureau of Prisons' concern about sexual violence and trauma, but in her testimony, she stated that the Bureau did not express such concerns.

  • What was the final decision made by Judge Netburn regarding the defendant's placement?

    -Judge Netburn decided to place the defendant in a women's facility, finding the Bureau of Prisons' denial of the transfer request based on hormone levels to be a pretext and not on the risk of violence.

Outlines

00:00

🏛️ Judicial Confrontation Over Transgender Inmate's Rights

In this heated exchange, a judge is questioned by a senator regarding a controversial decision to place a transgender inmate, who is a convicted serial child rapist, into a women's prison. The senator challenges the judge's ruling, suggesting that political ideology influenced the decision over the rights of individual women to be safe from potential sexual assault. The judge defends their decision, citing the inmate's hormone levels and lack of violence during incarceration as the basis for the ruling. The dialogue also touches on the broader issue of gender assignment at birth and the responsibilities of the Bureau of Prisons in managing inmate transfers.

05:01

🗣️ Senate Hearing on Judge's Decision and Inmate Safety

This paragraph continues the Senate hearing where a judge is grilled over their decision to transfer a transgender inmate to a women's facility. The judge is accused of endangering the rights and safety of women in the prison. The judge counters by explaining that the inmate had shown no signs of violence or sexual aggression while in custody and that multiple wardens supported the transfer due to the inmate's medical needs. The judge also mentions the lack of objections from the transgender executive Council regarding the transfer on grounds of violence. The senator, however, remains critical of the decision, highlighting the potential risk to the safety of female inmates.

10:01

🤔 Reflection and Acknowledgment of Judicial Process

The final paragraph of the script is a brief acknowledgment of the judge's patience and dignity during the intense questioning. It serves as a transition or a pause in the proceedings, possibly indicating the end of the judge's testimony or a moment of reflection before moving on to the next part of the hearing.

Mindmap

Keywords

💡Stay of decision

A 'stay of decision' refers to a legal order to temporarily halt a court's decision or judgment. In the context of the video, it implies that the government did not seek to pause the decision made by Judge Netburn, which is a significant aspect of the case being discussed.

💡Political ideology

Political ideology refers to a set of political beliefs and values that shape an individual's or group's perspective on governance and societal issues. In the video, the questioning suggests that Judge Netburn's decisions may be influenced by her political ideology rather than strictly adhering to the law, which is a central point of contention.

💡Rape

Rape is a serious criminal act involving non-consensual sexual intercourse. In the script, the defendant's history of rape, including the rape of a 9-year-old boy and a 17-year-old girl, is highlighted to emphasize the severity of his crimes and to question the appropriateness of his placement in a women's prison.

💡Parole

Parole is a period during which a convicted person is released from prison under supervision before the full term of their sentence is completed. The script mentions that the defendant violated his parole by using the internet, leading to his return to prison.

💡Child pornography

Child pornography involves the production, distribution, or possession of explicit images involving minors. The defendant's conviction for distributing child pornography is mentioned in the script, further illustrating his criminal history and the gravity of his actions.

💡Transgender

Transgender refers to individuals whose gender identity differs from the sex they were assigned at birth. The video discusses a male defendant who identifies as a female and the implications of this identification on his placement in a women's prison.

💡Hormonal

Hormonally refers to the influence of hormones on the body. In the video, the defendant is described as 'hormonally a female,' indicating that he has undergone hormone therapy to align his physical characteristics with his gender identity.

💡Serial rapist

A serial rapist is someone who commits multiple rapes. The term is used in the video to describe the defendant's criminal history, emphasizing the danger he may pose to others, particularly in the context of his placement in a women's prison.

💡Bureau of Prisons

The Bureau of Prisons is a federal agency responsible for the management of the federal prison system in the United States. The script discusses the Bureau's stance on the defendant's placement in a women's prison, highlighting concerns about the safety of other inmates.

💡Penological interest

Penological interest refers to the goals and principles of prison management, such as rehabilitation, safety, and deterrence. The video mentions the Bureau of Prisons' penological interest in protecting female prisoners from sexual violence, which is a central concern in the case being discussed.

💡Transgender Executive Council

The Transgender Executive Council appears to be a body within the Bureau of Prisons that makes decisions regarding transgender inmates' transfer requests. The script indicates that this council did not deny the defendant's transfer request based on concerns of violence but rather on hormone level maintenance.

Highlights

Judge Netburn questioned on prioritizing rights of individuals over political ideology.

Discussion on the case involving a male defendant convicted of raping a 9-year-old boy and a 17-year-old girl.

The defendant's criminal history includes deviant conduct and parole violation due to internet use.

Controversy over the placement of a 6'2" serial rapist with male genitalia in a women's prison.

Judge Netburn's decision to transfer the defendant to a women's prison despite concerns about safety.

Senator Cruz's challenge to Judge Netburn on the rights of other women in the prison.

Judge Netburn's response to accusations of being influenced by political ideology rather than the law.

Concerns raised about the defendant's risk of reoffending in a women's prison.

Judge Netburn's justification for her decision based on the lack of evidence of violence during incarceration.

Criticism of Judge Netburn's order as being more of a political activist's statement than a judge's order.

The Bureau of Prison's argument about the risk of sexual assault in a women's prison is dismissed by Judge Netburn.

Judge Netburn's explanation of the conditions under which the defendant was deemed unsafe.

Testimony from wardens and the Bureau of Prisons' medical provider recommending the transfer for medical needs.

The transgender executive council's decision-making process and its impact on the transfer request.

Judge Netburn's assertion that the denial of transfer was based on hormone levels, not violence.

Senator's confrontation with Judge Netburn on the contradiction between her report and her testimony.

Judge Netburn's final statement on the decision-making process and the lack of violence as a reason for denial.

Transcripts

00:00

government did not move for a stay of

00:02

the

00:08

decision well judge netburn I'm going to

00:10

continue on this line of

00:12

questioning in your court what matters

00:16

more the rights of individuals are your

00:19

political

00:20

ideology I apply the law to the facts I

00:23

asked a question which matters more well

00:26

my political ideology doesn't matter at

00:27

all okay so I don't believe you and I

00:30

think this case

00:32

demonstrates that you are willing to

00:35

subjugate the rights of individuals to

00:37

satisfy your political

00:39

ideology this

00:41

case involves a male

00:45

defendant who raped a 9-year-old boy was

00:49

he guilty of that yes the petitioner

00:52

pled guilty to that okay so he raped a

00:53

9-year-old boy he also raped a

00:56

17-year-old girl was he guilty of that

00:58

he pled guilty the pled guilty to that

01:00

crime as well so was he guilty I I hope

01:03

so because she pled guilty to it he was

01:06

a he when he did this that's correct and

01:10

also criminal de deviant conduct which

01:12

the record doesn't doesn't uh disclose

01:14

what that was

01:16

exactly then after serving in

01:19

prison Mr mlan was released for

01:23

parole but then violated the terms of

01:25

parole by having internet and was sent

01:27

back to

01:28

prison one year after being released

01:30

again he was convicted of having child

01:32

pornography is that

01:34

correct I'm I'm unclear on exactly the

01:36

time frame that you're at but but the

01:38

petitioner was convicted of Distributing

01:40

child pornography child pornography that

01:42

that was images of adults violently

01:44

raping children abhorent conduct okay

01:48

for which there are real

01:50

victims and this

01:52

individual

01:54

6'2 biologically a man a minute ago you

01:57

said that when this

02:00

man decided that he was a she you you

02:03

you said this individual was quote I

02:05

wrote it down sober and entirely a

02:09

female that phrase struck me as as as

02:11

remarkable did this individual have male

02:13

genitalia I think what I said or at

02:15

least that is a Verbatim quote entirely

02:18

a female sorry what I meant to say was

02:20

hormonally a female okay but that's not

02:22

entirely did this individual had male

02:25

genitalia yes so you took a 6 foot two

02:30

serial

02:31

rapist serial child

02:34

rapist with male genitalia and he said

02:38

you know I'd like to be in a women's

02:41

prison and your answer was that sounds

02:44

great to me let me ask you something the

02:46

other women in that prison do they have

02:48

any

02:49

rights is is that a question you're

02:51

asking me yes the other women in that

02:53

prison do they have any rights of course

02:55

do they have the right not to have a 6'2

02:58

man who is a repeat Pete serial rapist

03:01

put in as their cellmate Senator Cruz I

03:04

considered the facts presented to me and

03:06

I reached a decision I asked you a

03:08

question I asked you a question do they

03:10

have a right not to have a 6 fo2 man who

03:14

is a serial rapist put in as their

03:17

cellmate do those women have a right to

03:18

that every person who's incarcerated has

03:21

the right to be safe in their space but

03:23

you didn't think so you you didn't think

03:26

so and in fact I'm gonna give some

03:28

quotes from your order because Senator

03:30

Kennedy is right this is not a judge's

03:33

order this is a political activist by

03:34

the way the beginning of your order be

03:37

uh

03:37

says at Birth people are typically

03:41

assigned a gender I got to say that

03:43

would astonish a lot of Americans a lot

03:45

of Americans think you you go to the

03:47

hospital a baby's born and you

03:48

congratulations you have a little boy a

03:50

little girl the assigned a gender I know

03:53

you went to Brown but it sounds like

03:55

it's in a college faculty lounge with no

03:58

bearing on reality

04:00

the Bureau of Prison

04:02

argued what I'm saying right now that if

04:04

you put this person in a female prison

04:06

there will be a risk of sexual assault

04:08

to the women and you know what you did

04:11

you said you didn't care about the women

04:12

I'm going to quote what you wrote you

04:13

wrote quote the Bureau of Prisons claim

04:16

penological interest in protecting

04:17

female prisoners from sexual violence

04:19

and Trauma this interest is legitimate

04:22

that's kind of you to say but there are

04:24

no signs that petitioner is at risk of

04:26

reoffending the record is devoid of

04:28

evidence of incident of violence or

04:30

assault during partitioners

04:31

incarceration when she was the

04:33

perpetrator only the victim a

04:35

theoretical risk of sexual assault by

04:37

The Prisoner without more cannot support

04:39

the bop's

04:40

position no evidence

04:43

theoretical have you dealt in what

04:46

universe is someone who is a Serial

04:49

repeat child

04:51

rapist not at a risk of

04:54

reoffending Senator as I do in every

04:56

case I know you've been told to repeat

04:58

the line I follow the law I asked a

05:01

question in what

05:03

universe is someone who is a Serial

05:06

repeat child rapist not at risk of

05:08

reoffending sir I looked at the facts

05:11

that were before me in this case all of

05:14

the evidence including the statements of

05:16

every Warden who had supervised this

05:18

petitioner you also wrote The Bop also

05:21

posits that permitting petitioner to

05:23

live among women will be traumatizing

05:24

and possibly dangerous to them this

05:26

concern is overblown I have to say if I

05:31

were the father of one of those

05:34

women and you decided that my daughter's

05:38

cellmate was going to be a 6'2 man who

05:41

over and over and over again committed

05:44

violent sexual

05:47

assault I would say the entire Justice

05:49

System is absurd and it is clear on your

05:53

record your political ideology matters a

05:55

heck of a lot more than the rights of

05:57

those women that you endangered I think

06:00

you're a radical and I think you have no

06:01

business being a

06:05

judge judge netb there was um an

06:08

opportunity during your exchange with

06:10

Senator Cruz that you were attempting to

06:12

offer uh um a response relative to uh

06:16

the the conditions under which um this

06:19

uh petitioner um were was unsafe in the

06:23

facilities uh in which she was being

06:25

held I'd like to offer you the

06:26

opportunity to finish that response so

06:29

the facts that were presented to me and

06:31

what I relied on to make my decision

06:34

were that the petitioner had engaged in

06:37

no violence no physical violence no acts

06:41

of sexual violence whatsoever while in

06:44

custody all three wardens who supervised

06:48

the petitioner requested that she be

06:50

transferred to a women's facility

06:52

because of her serious medical needs in

06:55

addition the Bureau of Prisons longtime

06:59

Medical provider testified at a two-day

07:01

Hearing in my courtroom and recommended

07:04

that the petitioner be transferred

07:06

because of her serious medical needs and

07:08

the last thing I'll say is that the

07:10

transgender executive Council which is

07:12

the body that makes decisions on behalf

07:15

of transgender transfer requests within

07:18

the Bureau of Prisons never said that

07:20

the petitioner could not be transferred

07:23

and never ever said that she couldn't be

07:26

transferred because of any risk of viol

07:29

violence what the transgender executive

07:32

Council repeatedly said in denying the

07:35

request was simply that she needed to

07:38

maintain her hormone levels that was the

07:41

repeated um justification for the denial

07:44

of transfer but the petitioner had

07:46

reached full female hormone levels

07:50

before even being incarcerated at the

07:53

time the district judge in Indiana who

07:55

sentenced the petitioner requested that

07:57

she be placed in a women's facility

08:00

her hormones were entirely female at

08:02

that point and so the decision by the

08:05

transgender executive Council to deny

08:07

the transfer request based on this idea

08:10

that it was only because her hormones

08:12

needed to be consistent and stabilized I

08:16

found was a pretext but they never once

08:18

said she cannot be transferred because

08:21

of violence it was always based on this

08:22

idea that our hormones had to be thank

08:25

you judge nurn Senator that's directly

08:28

to what report

08:32

follow follow how it works that is

08:36

exactly how it works you follow up you

08:38

didn't get extra time and she just

08:41

directly contradicted her own report I'm

08:43

just going to read her own

08:44

words exctly the opposite of what she

08:46

said your own Senators Senators I I gave

08:50

both of you more time to finish your

08:52

lineup question I allowed the witness to

08:56

finish I allowed the witness finish you

08:59

open the you witness to finish her your

09:04

stat I understand you're scared

09:08

ofus M Madam

09:12

chair she has an obligation to explain

09:15

why she directly contradicted what she

09:17

wrote in her report she says in her

09:19

report the Bureau of Prison claimed

09:21

penological interest is in protecting

09:23

female prisoners from sexual violence

09:25

and Trauma she just told you the Bureau

09:28

of Prisons didn't say there was a

09:29

concern about sexual violence and Trauma

09:31

those are directly contradictory and why

09:33

are you contradicting what you wrote in

09:35

your report what

09:37

you no wait por

09:41

of are you going to let her answer that

09:43

question you don't want her to answer

09:45

that

09:46

question

09:47

C afraid of the answer to cover up are

09:51

you afraid of the answer to that

09:53

question so yes you are afraid of the

09:55

answer to that question Senator clearly

09:57

you're afraid of the answer to that

09:58

question

10:00

this is

10:01

absurd to of the uh nominees before us

10:04

appreciate your patience and uh your

10:07

dignity

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Связанные теги
TransgenderPrison TransferRape CaseCourtroom DebateLegal EthicsJudicial DecisionSenate HearingGender IdentityCriminal JusticeHuman Rights
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