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Biden’s Justice Department nominee sent a transgender rapist to a women’s prison because security concerns were overblown. Now he’s exposing himself to inmates, sources say.

A judge nominated by President Joe Biden to the U.S. District Court for the Southern District of New York, Sarah Netburn, is facing questions from lawmakers after she recommended putting a transgender, twice-convicted sex offender in a women’s prison.

Judge Sarah Netburn dismissed concerns that the inmate’s presence there would pose a threat to incarcerated women.

But two sources say the Washington Free Beacon that inmate William McClain, who calls himself July Justine Shelby, allegedly exposed himself in front of female inmates. According to Debra Nizza, a former Carswell inmate who was released in 2016 and continues to be in contact with female inmates at Carswell Federal Women’s Prison in Texas, an inmate told her that McClain had pulled his penis out of his pants in front of a group of female inmates. Nizza told the Free Beacon An inmate told her that Shelby told the women that his penis was “intact” and still functional before waving it back and forth in front of the women.

Nice’s secondhand account was independently confirmed by David Hogue, an attorney with the Arkansas-based law firm Hogue Corbitt & Ward who represents one of the inmates. Republicans on the Senate Judiciary Committee have been demanding confirmation of the incident from the Federal Bureau of Prisons since early last week, but prison officials said they could neither confirm nor deny the allegations.

“Since learning of these reports, the committee has been attempting to obtain confirmation from the Federal Bureau of Prisons,” a spokesman for the Republican minority on the Judiciary Committee told the Free Beacon“If this incident is true, it confirms precisely the concerns raised by Republicans on the Senate Judiciary Committee about Netburn’s judgment and suitability for a lifetime appointment as a judge.”

The latest allegations contradict Netburn’s claims made in 2022, when she recommended McClain’s transfer to a women’s prison, that the transgender inmate’s presence would not threaten the safety of female prisoners. Netburn made the recommendation despite objections from federal prison officials, saying fears that his presence would be “traumatizing and potentially dangerous” were “overblown.”

The Senate Judiciary Committee is scheduled to vote on Netburn’s nomination on Thursday.

The harassment was reported to prison officials, who briefly moved McClain to an isolation ward, according to Nice and Hogue. But he was back in the regular prison system by June 26. Representatives for Carswell and the Federal Bureau of Prisons did not respond to a request for comment.

McClain, a 6-foot-2 man, was convicted and sentenced in 1994 for sexually assaulting a 9-year-old boy and raping a 17-year-old girl. He was released in 2015, only to be sentenced two years later to 15 years in prison for distributing pornography depicting adults raping children.

When Netburn recommended McClain for incarceration in a women’s prison in 2022, she wrote that McClain “identifies as bisexual and her 1994 convictions involved both a man and a woman.” She said McClain’s transsexuality was expressed by her “buying new clothes, getting hair extensions, wearing jewelry and makeup, and getting her nails done.” While incarcerated in a men’s prison, Netburn said, McClain “dyed her hair pink and painted her nails” and was approved for breast prostheses.

“She is sober, consistently undergoes psychological counseling and medication, and has maximized and stabilized her hormone levels within target ranges for transgender women,” Netburn explained. “A theoretical risk of sexual assault by (McClain) cannot, without further (evidence), support (the Federal Bureau of Prisons’) position.”

Hogue, the attorney who confirmed the McClain incident, is preparing a possible lawsuit against Carswell on behalf of his client over an alleged rape by another transgender male inmate who has since left the facility. His client wishes to remain anonymous for fear of retaliation.

Nice, the former Carswell inmate, said the facility offers little privacy for women who want to avoid male inmates. Cells have four beds and no doors, and occupants of one cell can see others on their way to the restrooms and showers.

At Netburn’s confirmation hearing on May 22, Texas Senator Ted Cruz (R-TX) asked the nominee if incarcerated women had the right “not to have a 6-foot-2 serial rapist in their cellmate.” The judge responded that “every incarcerated person has the right to be safe in their own environment,” but said she “made her decision based on the law.”

Keeping men in women’s prisons and funding their gender reassignment surgeries is a priority for progressive activist groups like Lambda Legal and the Transgender Law Center, both funded by billionaires like George Soros, as well as the American Civil Liberties Union. These groups pushed for a 2012 federal regulation allowing both men and women to be housed in prisons. They supported – and defend – a California law that allows men to be housed in women’s prisons based solely on their gender identity.

Biden ordered in 2022 that the “health and safety” of transgender prisoners be prioritized in inmate housing, even though data shows that many men who identify as transgender are sex offenders. The British Ministry of Justice reported in 2019 that nearly 60 percent of male transgender prisoners had been convicted of at least one sex offense, compared to 3.3 percent of female and 17 percent of male inmates.

California Department of Corrections documents from 2022 showed that a third of transgender-identifying men seeking access to women’s facilities were registered sex offenders.

California taxpayers have spent more than $4 million on gender reassignment surgery and cosmetic “gender-affirming” enhancements such as laser hair removal for inmates since 2017. Washington Free Beacon has reported.