Feds can’t pursue female genital mutilation appeal based on weak law

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. If this was largely a Christian (or non-Muslim) practice, it would be a great crime and laws against would be in place. But it isn’t. But it isn’t. Democrats have consistently stood in the way of meaning vaginal cutting legislation – siding with its defenders that it is “religious freedom.” The female genital mutilation charges against two Michigan doctors and six others were officially dismissed back in November, just as the defendants had requested, arguing the FGM law is unconstitutional. A federal judge agreed and dismissed the charges, delivering a fatal blow to the case

Angered by the ruling, I received this at the time of the Judge’s ruling from a a reader at the time of the dismissal:

I have appeared before Judge Friedman and can attest that he is a very learned and thoughtful in all of his rulings. This ruling has nothing to do with female mutilation but with the fact that Congress attempted to expand the commerce clause of the constitution beyond legal federal established precedent. I am certain that Judge Friedman is as appalled as you and I at the mutilation of these young women. These monsters masquerading as physicians should be permanently banned from the practice of medicine, and the people of Michigan and all other states need to pass laws preventing this form of mutilation with the strictest penalties for violation. Judge Friedman cannot be blamed for bad, unconstitutional laws and the ineptitude of legislators in not properly drafting laws.

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“Although the department has determined not to appeal the district court’s decision, it recognizes the severity of the charged conduct, its lifelong impact on victims, and the importance of a federal prohibition on FGM committed on minors,” Solicitor General Noel Francisco wrote in a letter to Congress on Wednesday.

The decision comes six months after U.S. District Judge Bernard Friedman dismissed the most serious charges.  Friedman ruled the law is unconstitutional and concluded Congress had no authority to enact a law criminalizing female genital mutilation.

“There is nothing commercial or economic about FGM,” Friedman wrote in a 28-page opinion. (Female genital mutilation) is not part of a larger market and it has no demonstrated effect on interstate commerce. The Commerce Clause does not permit Congress to regulate a crime of this nature.”

Despite having found three more female genital mutilation victims,  elementary school girls from Illinois, who were brought to Michigan by their mothers for the procedure by these Muslim doctors — all of them elementary school girls, the case was

Backi n January, U.S. District Judge Bernard Friedman. Friedman dismissed the most serious federal charges against two doctors who perform a ritual known as female genital mutilation (FGM). U.S. District Judge Bernard Friedman had ruled that Dr. Jumana Nagarwala and Dr. Fakhruddin Attar didn’t commit conspiracy to transport a minor with intent to engage in criminal sexual activity. Two of the girls Nagarwala is accused of cutting at Attar’s clinic were from Minnesota.

“Transport a minor with intent to engage in criminal sexual activity.” Why so twisted a charge? Isn’t vaginal mutilation enough? And what happened to the FGM investigation that spread to 5 states?

The trio tried to obstruct the investigation by telling other people to make false statement to authorities. The doctors are also accused of lying to investigators.

Federal prosecutors have indicted two doctors and six Detroit area members of the Muslim community for subjecting young girls to female genital mutilation (FGM) procedures. They are charged with 9 counts of conspiring, committing, and concealing acts of FGM, which is illegal in the U.S. (per 18 U.S. Code § 116). Preliminary physical findings made public from genital examinations of two of the child victims revealed,

[#1] “labia minora altered, or removed; clitoral hood abnormal in appearance; scar tissue and small lacerations”

[#2] “clitoral hood has a small incision; small tear to labia minora”

Assistant U.S. Attorney Sara Woodward has disclosed that defendant Dr. Jumana Nagarwala may have performed some 100 FGM procedures on young girls, so it is shocking that U.S. District Judge Bernard Friedman would drop any of charges in this horrible case.

Friedman ruled  that Dr. Jumana Nagarwala and Dr. Fakhruddin Attar didn’t commit conspiracy to transport a minor with intent to engage in criminal sexual activity. “The facts alleged in the indictment do not support this charge because, as a matter of law, FGM, while a prohibited criminal act, is not `criminal sexual activity.”‘ The clitoris is the female sexual organ – the source of human female sexual pleasure. This is sexual crime.

  •  The number of women and girls at risk for female genital mutilation (FGM) in the United States has more than doubled in the past 10 years. More than half a million women and girls in the U.S. are at risk of undergoing FGM in the U.S. or abroad, or have already undergone the procedure, including 166,173 under the age of 18, according to the Population Reference Bureau (PRB).
  • Dissemblers and deceivers claim that FGM is cultural phenomenon, not religious. FGM is an Islamic cultural phenomenon. FGM is found only within and adjacent to Muslim communities. (source: Gerry Mackie, “Ending Footbinding and Infibulation: A Convention Account,” American Sociological Review).
  • Unlike male circumcision, female genital mutilation has no health benefits for girls and women.
  • Female genital mutilation (FGM) involves partial or total removal of the clitoris, causing injury to the female genital organs for non-medical reasons.
  • Female genital mutilation procedure has no health benefits for girls and women. It removes all possibility of sexual pleasure. It is the worst kind of misogyny.
  • Procedures can cause severe bleeding and problems urinating, and later cysts, infections, as well as complications in childbirth and increased risk of newborn deaths.
  •  More than 200 million girls and women alive today have been cut in 30 countries in Africa, the Middle East and Asia, where FGM is concentrated
  • FGM is mostly carried out on young girls between infancy and age 15.
  • FGM is a violation of the human rights of girls and women.

Feds abandon female genital mutilation appeal

By: Robert Snell, The Detroit News, April 12, 2019 |

Detroit — Federal prosecutors will not appeal a judge’s order dismissing female genital mutilation charges in the first criminal case of its kind nationwide, concluding the law is weak and needs to be rewritten.

The decision delivers a setback to international human-rights groups opposed to female genital mutilation that have closely followed a case that has raised awareness in the U.S. of a controversial procedure and prompted Michigan to enact new state laws criminalizing the procedure.

“Although the department has determined not to appeal the district court’s decision, it recognizes the severity of the charged conduct, its lifelong impact on victims, and the importance of a federal prohibition on FGM committed on minors,” Solicitor General Noel Francisco wrote in a letter to Congress on Wednesday.

The decision comes six months after U.S. District Judge Bernard Friedman delivered a significant, but not fatal, blow to a novel criminal prosecution involving a team of Metro Detroit doctors accused of mutilating the genitalia of nine girls at a Livonia clinic since 2015.

Friedman concluded the law is unconstitutional and concluded Congress had no authority to enact a law criminalizing female genital mutilation.

“There is nothing commercial or economic about FGM,” Friedman wrote in a 28-page opinion. (Female genital mutilation) is not part of a larger market and it has no demonstrated effect on interstate commerce. The Commerce Clause does not permit Congress to regulate a crime of this nature.”

The Justice Department has submitted a legislative proposal to Congress that would, among other things, amend the federal law and make it a crime when a defendant or victim crosses state lines to undergo the procedure.
FBI agents leave the office of Dr. Fakhruddin Attar, Burhani Clinic this morning after completing a search for documents in the on going investigation of Jumana Nagarwala of Northville who is charged with female genital mutilation of two 7 year old girls. Livonia, Mi. April 21, 2017.Buy Photo

FBI agents leave the office of Dr. Fakhruddin Attar, Burhani Clinic this morning after completing a search for documents in the on going investigation of Jumana Nagarwala of Northville who is charged with female genital mutilation of two 7 year old girls. Livonia, Mi. April 21, 2017. (Photo: Clarence Tabb Jr., The Detroit News)

The case emerged in April 2017 when Dr. Jumana Nagarwala of Northville was arrested and accused of heading a conspiracy that lasted 12 years, involved seven other people and led to mutilating the genitalia of girls as part of a religious procedure practiced by some members of the Dawoodi Bohra, a Muslim sect from India that has a small community in Metro Detroit.

Prosecutors say the girls — four from Michigan, two from Minnesota and three from Illinois — underwent female genital mutilation, but defense lawyers say the procedure performed on the girls was benign and not female genital mutilation. They have accused the government of overreaching.

Prosecutors have alleged that two girls’ clitorises were completely removed, but the evidence of female genital mutilation involving all of the girls is lacking, Nagarwala lawyer Shannon Smith said.

“The defense is pleased to see the Justice Department has reached the same conclusion as Judge Friedman, however, the case will still be heading to trial on the remaining charges,” Smith wrote in a text message to The News on Friday. “At trial the defense is confident a jury will agree that there was no female genital mutilation in this case and see that the prosecution relied on an unreliable medical expert in pursuing this case.”

Women’s rights groups decried the judge’s opinion, calling it a setback for women and girls.

“It’s a giant step backward in the protection of women’s and girls’ rights,” said Shelby Quast, the Americas director of equality for the rights organization Equality Now. “Especially when there is a global movement to eliminate this practice.”

The Justice Department’s decision not to pursue and appeal drew an outcry on social media Thursday, including reaction from Hillary Clinton.

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felix1999
felix1999
5 years ago

What a bunch of legalese gobbledygook!

What she did was illegal. FGM is illegal. It appears to me we now get more upset over the mutilation of a dead corpse than a live human being. The truth is they don’t want to enforce the law and all this tedious dissecting of the law now allows FGM so Muslims can be free to mutilate their girls.

felix1999
felix1999
5 years ago

As women in Muslim countries make FGM ILLEGAL, the WEST embraces it!
Also as many women in Muslim countries want to do away with the hijab, the WEST embraces it.
The WEST insists on committing suicide.
comment image

Thomas Faddis
Thomas Faddis
5 years ago

WTF does hildog care about this sht???!!!

Poppey
Poppey
5 years ago

This case illustrates why it’s a bad idea to allow doctors from Islamic countries steeped as most are in misogyny to practice in western countries, you import them and you get all the faults of their village culture too.

Remember both are muslims, and those girls were let down twice, once by American law makers in America and again by those two quacks with their rusty tin lid. If these omissions are for a quiet life, what price those girls cries and tears ?

Halal Bacon
Halal Bacon
5 years ago

what if it were religious to cut off a hand? this is not cosmetic surgery mr brain dead judge

Tamara Hussey-Mecklenburg
Tamara Hussey-Mecklenburg
5 years ago

Circumcision was created to prevent Male Supremacy. Men started tying off foreskin to prevent pregnancy.

This destroys Psychological Equality.

Bearer nurturers are equal to protector providers and vice versa to god.

All Supremacy issues stem from male supremacy. “The love of money is the root of all evil.” “Consider the lilies and flowers of the field, how they toil not, neither do they spin.”

“Be ye therefore perfect even as I or your father in heaven is perfect.”

The lord does not see us as inferiors. He has no supremacy issues. Therefore self sufficiency is the only “work” he supports.

All other forms of work create sin, ie Psychological Inequality, ie Supremacy.

Bearing and nurturing is equal to protecting and providing and vice versa.

It was to prevent men from denying the females their gender equality, to protect women and children from abuse and neglect, and maintain the need for self sufficiency to prevent harm and self harm.

Tamara Hussey-Mecklenburg
Tamara Hussey-Mecklenburg
5 years ago

The original Christians were Arians.

They knew God was heterosexual and therefore Jesus was the begotten son of God. The LGBT were very very respected and powerful in the Roman Empire. They had a fit just as they do today about heterosexuality being God’s nature. Their hatred for the bearer nurturer and her offspring created the Roman Catholic Church and celibate clergy which are all classified as LGBT because they reject heterosexuality.

And they conquered to convert just like Muslims.

MostMJews became Christians after Jesus came to the Earth. They embraced it fully. They reverted to Judaism after the Catholic Church destroyed every good part of Christianity by destroying psychologically quality of the sexes and thus psychological equality.

I know it hurts but the Reformation of the Catholic Church came about because they rejected the clergy’s tyranny which was literally created because they were male supremacists. If they weren’t male supremacists, they would be married with Children.

God is heterosexual. Only heterosexual

Everything else is male Supremacy. IE tyranny and abuse.

This hatred for the bearer nurturer and her offspring (subconsciously) is why the pope does not protect us, and why he embraces islamic immigration.

And only because of that. His filters do not protect nor provide for bearer nurturers and therefore her offspring.

No man alive respects islamic immigration unless he is wired to hate bearer nurturers and their offspring.

Dorrie - Conservative
Dorrie - Conservative
5 years ago

The original Christians were JEWS, moron!! And they were called “The Way,” because they followed the Jewish Messiah!

Now you’re reported and blocked because you’re not only wrong, you’re toxic and evil!

Tamara Hussey-Mecklenburg
Tamara Hussey-Mecklenburg
5 years ago

Oh really! (Rolls eyes)

Dorrie - Conservative
Dorrie - Conservative
5 years ago

Read the Bible, Tamara. You don’t have any idea what you’re talking about regarding circumcision. You’re so indoctrinated with BS I can smell you from here!

Tamara Hussey-Mecklenburg
Tamara Hussey-Mecklenburg
5 years ago

Actually, you must be referring to yourself.

Fools mock what they do not understand.

Fools mock and they shall mourn.

I bet you have no real knowledge of the scriptures. You absolutely lack any level of scriptural understanding.

Pelatiah Adams
Pelatiah Adams
5 years ago

My well educated, kind and Christian friend had her children taken away from her for days because a jealous nanny wanted to get back at her for not giving her a raise and made an allegation! But hey, let’s just sit back and do nothing when muslims chop their daughters’ parts out!!! Disgusting and unbelievable.

dr_gunther_von_hagens
dr_gunther_von_hagens
5 years ago

Every time there is discussion about this topic you will find the religious conservatives saying a ban on circumcision is an attack on their religion. IMO it should be banned. Infant boys and girls cannot consent to have their genitals mutilated. Nor would they if they had a choice.

tom
tom
5 years ago

Just Muslims doing what Muslims do. Face it, we’ll never get these primitive, backward people to give up the barbaric practices of their insane, disgusting excuse for a religion. Islam is as Islam does.

Dorrie - Conservative
Dorrie - Conservative
5 years ago

If they were in my community, I would hunt them down.

Mario Alexis Portella
Mario Alexis Portella
5 years ago

The law might as well protect those caught in the Minnesota child trafficking. Absolutely preposterous – the Dems are increasingly succumbing to evil.

Alleged-Comment
Alleged-Comment
5 years ago

FGM is BARBARIC. And has NO PLACE in our land. But so is abortion and it’s just HUMMING along.

This is what happens when you decide to do EBIL. You can’t justify others NOT doing it.

Roma Mikhasev
Roma Mikhasev
5 years ago

beasts

John Acord
John Acord
5 years ago

There is absolutely nothing that prevents the good citizens of Michigan,Illinois or an other state to enact strong laws with severe penalties to prohibit this horrible crime, By the way,where are he feminists? I should think this would be a priority item on their agenda?

leonore35
leonore35
5 years ago

No women’s march against this then?

byronmullet
byronmullet
5 years ago

What an outrage! If FGM isn’t a crime what is?!!! Islam is making us American’s look like a bunch of dopes! How maddingly stupid have we become! So the Constitution doesn’t apply anymore because people can bring their own laws and institutionalized human rights violating ideologies into OUR country with them and make it null and void?! Why do we fight wars to free them from oppression, slavery and abuse in their Muslim country’s, then allow them to set up shop here to continue it???!!! This cycle of ritual abuse must be forever stopped! Where are our leaders, statesmen, preachers! Oh sanity where have you gone…?!

ChoiceAmerica
ChoiceAmerica
5 years ago

Outlaw FGM in America. Period.
Touch our Daughters and we will kill you.

VTS
VTS
5 years ago
Reply to  ChoiceAmerica

Islamists should be given a lot of inflatable women. Why do they need real?

Patriotic American
Patriotic American
5 years ago

Although an outrage, it stands to (t)reason that Democrats would be so in support of FGM. After all, they are also in thrall to the LGBTQ supremacist “leadership” and outlaw so-called “conversion therapy” while, at the same time, permitting all sorts of untoward things – including and especially irreversible “gender reassignment surgery” – to be done to children and teens (which in and of itself shows just how little our society regards children these days, aside from their support of abortion). As far as “transgenderism” is concerned, it is not the job of a government to promote, glorify, encourage, endorse, sanction or spread such behaviors. And you do not do so unless your aim is to ensure there is more of it. And notice how many of those who advocate the spread of “transgenderism” are among the loudest in condemning so-called “toxic masculinity.”

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