Exclusive — Rep. Jim Banks Presses Merrick Garland over Housing Biological Men in Women’s Prisons

Rep. Jim Banks (R-IN) hounded Attorney General Merrick Garland over how many biological men the Federal Bureau of Prisons (BOP) houses in women’s prisons, Breitbart News has learned exclusively.

“I write to you today out of great concern for the safety of female inmates housed in institutions under the purview of the Federal Bureau of Prisons (BOP). As it stands, the Biden administration’s decision to allow the housing of biologically male prisoners in facilities with female populations places incarcerated women at grievous risk,” Banks wrote in a letter to Garland, which was obtained by Breitbart News.

The Hoosier conservative noted that the Biden administration’s BOP Transgender Offender Manual stated, “In deciding whether to assign a transgender or intersex inmate to a facility for male or female inmates…the agency shall consider on a case-by-case basis whether a placement would ensure the inmate’s health and safety, and whether the placement would present management or security problems.”

He continued, noting that “A transgender or intersex inmate’s own views with respect to his/her own safety must be given serious consideration.”

Banks cited a specific example of how housing biological men, particularly male sex offenders, may endanger women in federal prisons:

In 2022, a federal jury convicted Robert Perry II of Tulsa, Oklahoma, of aggravated sexual abuse of a minor in Indian Country and for abusive sexual contact of a minor in Indian Country. “Robert Perry’s crimes are despicable. The defendant repeatedly abused a 7-year-old girl for whom the defendant was responsible,” said U.S. Attorney Clint Johnson. Edward Gray, Special Agent in Charge of the FBI Oklahoma City Field Office, elaborated: “The defendant preyed on an innocent child solely for his own pleasure, without regard to the grievous and long-lasting harm his depraved conduct would cause… Let it be known that the FBI and our law enforcement partners will not tolerate crimes against children, and as evidenced by today’s verdict, neither will the community.

Banks demanded that Garland answer the following questions by May 5:

• Is Robert Perry II being housed in a facility for women?
• If not, is the BOP considering placing Perry in a facility for female inmates, or one in
  which he would otherwise be in proximity to female inmates?
• Across the nation, how many biologically male inmates are currently being housed in
  facilities for women?
• Are the concerns of female inmates considered when deciding to house biological males
  in facilities for women?
• How many instances of sexual or physical assault have occurred in BOP facilities
  involving transgender inmates?
• Are female inmates who do not identify as transgender allowed the opportunity to shower
  separately when individual showers stalls are not available?
• When the BOP determines whether a transgender inmate’s “placement would present
  management or security problems,” what factors does the agency take into consideration?
• What other accommodations are made for transgender inmates that are not available to
  inmates who identify with their biological sex?
• Since January 20th, 2021, how many inmates have transitioned upon intake to the BOP?

As Banks has pressed for answers about the BOP policy on transgenders, the Justice Department has sued Tennessee over the state’s prohibition on “gender-affirming care” for “transgender” children.

Jim Banks’ Garland Letter by Breitbart News on Scribd

Sean Moran is a policy reporter for Breitbart News. Follow him on Twitter @SeanMoran3.