Republicans Press Biden’s Latest Judicial Nominee Over Series Of Controversial Decisions


OPINION: This article may contain commentary which reflects the author's opinion.

President Joe Biden’s most recent judicial nominee is getting hammered by detractors after something from her past came to light.

Judge Sarah Netburn, who has been nominated to a lifetime appointment by President Biden, signed an order, as a federal magistrate in 2020, that forced Google to hand documents and information to investigators for the Project Veritas journalist who reported on the diary of Ashley Biden, The Daily Wire reported.

Project Veritas did not publish the diary but attorneys for Ashley Biden continued to pursue it and contacted the U.S. Attorney for the Southern District of New York which then took on the case.

“Netburn granted the ruling favorably to Ashley Biden, in spite of First Amendment implications, in December 2020, after Joe Biden had won the presidential election but while Donald Trump was still in office. Three and a half years later, Joe Biden nominated Netburn for a lifetime appointment to the position of District Judge for the Southern District of New York,” the report said.

“The order signed by Netburn ordered Google to turn over information associated with a personal account of a Project Veritas journalist, while forbidding Google from letting the target know about it, preventing the journalism outfit from fighting the move. “The information sought is relevant and material to an ongoing criminal investigation, and that disclosure to any person of this investigation of this application and order… would seriously jeopardize the investigation,” the order said.

“The application for a search warrant was also sealed, making it unknown exactly what prosecutors told Netburn,” it said.


Republicans have pounced on what they believe is a violation of First Amendment protections for journalists.

“Now, we learn Sarah Netburn ordered a secret search of a journalist’s email account to protect Joe Biden from the highly troubling abuse allegations in daughter Ashley Biden’s diary,” Mike Davis, who served as the chief counsel for nominations on the Senate Judiciary Committee, said. “Sarah Netburn has proven she doesn’t have the necessary judgeship or independence to serve on the federal bench for the rest of her life. That’s probably why Joe Biden picked her.”

“If confirmed, Sarah Netburn won’t be a judge—she’ll be an activist. She housed a male serial rapist in a women’s prison to advance her career & appease the radical left. It’s disgraceful that Biden nominated this hack for a lifetime appointment,” Republican Texas Sen. Ted Cruz said on X, formerly Twitter.

“Biden’s nominee to be the judge for the Southern District of New York, Sarah Netburn, is an absolute radical. She puts ideology before safety when it comes to housing biological men in women’s prisons. When the Bureau of Prisons WARNED against housing a convicted serial child rapist in a women’s prison, Netburn disregarded the recommendation and housed the rapist with women anyway. This was a disgusting, purely politically ideological decision made by the judge,” he said.


During a confirmation hearing on Wednesday, Cruz and Republican Sen. John Kennedy (R-La.) shredded the nominee for allowing a biological male who now identifies as a woman and who was convicted of sexual assault on a minor into a women’s prison.

“Miss 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.’ And you sent him to a female prison, did you? You said that the Board of Prisons was trying to violate Ms Shelby, former Mr. McClain’s, constitutional right, didn’t you?”

The inmate had been convicted of raping a 9-year-old boy and a 17-year-old female.

“I issued a report and recommendation to the district judge recommending that the district judge transfer the petitioner to a women’s facility,” the nominee said.

“My recommendation was that the petitioner’s serious medical needs were being denied by keeping her in a men’s facility,” she said.

“And this individual. Six-foot-two, biologically a man. A minute ago, you said that when this man decided that he was a she, that you said this individual was, quote, I wrote it down, ‘sober and entirely a female,’” Sen. Cruz said. “That phrase struck me as remarkable. Did this individual have male genitalia?”

“Sorry, what I meant to say was hormonally a female,” the nominee said before she admitted that the inmate has male anatomy.

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