‘Is That Right?’: Sen. Graham Grills Judge Over Support to House Biological Male in Women’s Prison

EXCERPT:

GRAHAM: “The bottom line here is that the concern of the Bureau of Prisons is that a biological male transitioning to a female with the history of sexual violence would be intimidating and threatening to the female population. You thought that to be a theoretical concern because the person in question had attacked male and female people? Is that right?”
NETBURN: “That's not correct, sir. I --”
GRAHAM: “That's what you said.”
NETBURN: “-- I based my report and recommendation on the record evidence before me.”
GRAHAM: “So you think the concerns of the Bureau of Prison, that someone with a violent past regarding sexual assaults would not be threatening and intimidating? Biological male transitioning to female, you just don't believe that's a legitimate concern?”
NETBURN: “Let -- let me be very clear, sir. The crimes for which the petitioner was convicted of 30 years ago are abhorrent. And the petitioner was convicted by an Indiana State Court and since -- [crosstalk]”
GRAHAM: “He was convicted -- he/she was convicted of assaulting a child, raping a 17-year-old woman, got out of prison and was convicted of child pornography afterwards, transitioned from a male to female, and the Bureau of Prisons said we do not believe this person should be in a female prison. And you thought those concerns were theoretical, is that fair?”
NETBURN: “I base my decision on the record before me.”