President Joe Biden’s latest judicial nominee, Judge Sarah Netburn, is facing criticism from detractors following revelations about a decision she made while serving as a federal magistrate in 2020. In the case involving Project Veritas journalist James O’Keefe and Ashley Biden, Netburn signed an order forcing Google to hand over documents and information to investigators without informing the target. The order raised concerns over First Amendment implications and was granted despite Trump still being in office at the time.
Now, Netburn is nominated for a lifetime appointment as District Judge for the Southern District of New York by President Biden. Critics argue that this decision may violate the First Amendment protections for journalists. Mike Davis, former chief counsel for nominations on the Senate Judiciary Committee, stated that “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.
Senator Ted Cruz (R-Texas) also criticized Netburn’s decision to house a convicted serial child rapist in a women’s prison, which he believes was made purely for political reasons. During her confirmation hearing, Senators Cruz and John Kennedy (R-La.) questioned the nominee about her decision regarding an inmate who had been convicted of raping a 9-year-old boy and a 17-year-old female. The inmate’s transfer to a women’s facility raised questions about safety and constitutional rights.
Both Cruz and Kennedy expressed concern about the nominee’s decision, with Cruz stating that her actions demonstrated an “ideological decision” made without proper consideration for safety and constitutional rights.
