[ April 25, 2024 ]
More than a year after her arrest in the nation’s first female genital cutting case, the defiant Dr. Jumana Nagarwala continues to pound away at the government for pursuing the case. She claims, as you can see here, that the law that’s being used to prosecute her is unconstitutional. She is also planning an Islamic religious defense.
This is a landmark case, because Jumana Nagarwala is by no means singular. 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).
So why is she the only doctor being prosecuted? Why haven’t any other doctors, aside from her co-defendant Dr. Fakhruddin Attar, even been arrested?
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“Defense tries to toss genital mutilation charges,” by Robert Snell, Detroit News, November 6, 2018 (thanks to RN):
Detroit — Defense lawyers tried to convince a federal judge Tuesday to dismiss female genital mutilation charges in the first criminal case of its kind nationwide, arguing the law is unconstitutional.
The bid by defense lawyers is the first challenge to a 22-year-old federal law that went unused until April 2017. That’s when Dr. Jumana Nagarwala of Northville was arrested and accused of heading a conspiracy that lasted 12 years, involved seven people and led to mutilating the genitalia of nine 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.
U.S. District Judge Bernard Friedman, following an hour-long hearing in downtown Detroit, said he would file a written opinion soon.
Congress lacked authority to enact a law criminalizing female genital mutilation in 1996, Nagarwala’s lawyer Molly Sylvia Blythe told the judge. Congress lacked authority under the Commerce Clause of the Constitution because the procedure has nothing to do with interstate commerce, she said.
“Mutilation is not an economic activity,” she said. “It has nothing to do with commerce or an economic enterprise.”
Prosecutors countered, arguing the crime does involve interstate commerce. Christian Levesque, a trial attorney with the Justice Department’s Human Rights and Special Prosecutions section, noted that the procedure involves parents using cellphones to arrange the procedure and children transported across state lines who undergo surgeries utilizing medical tools in state-licensed clinics.
“Female genital mutilation is part of a health-care service, an illicit health-care service, an illegal and detrimental health-care service,” Levesque told the judge. “All forms of female genital mutilation are an economic service at its core.”
The defense motion is the latest attempt to dismiss charges filed by federal prosecutors. In January, Friedman dismissed the most serious count against Nagarwala and co-defendant Dr. Fakhruddin Attar, a sex charge punishable by up to life in federal prison.
Prosecutors say prepubescent girls were cut at Attar’s clinic in Livonia, which was managed by his wife, Dr. Farida Attar, who also is charged in the case.
A trial is set for April 2019….
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24 Comments
5 years ago
Who is the new AG for that neck of the woods?…..
5 years ago
Reply to
bannedquran20
Dana Nessel. Bill Schuette, the outgoing one, also lost his bid to become governor.
Now, as for this case, the motion should be denied since the law wasn’t unconstitutionally enacted (the issue of jurisdiction to prosecute wasn’t raised).
5 years ago
muzlimism is creepy
5 years ago
If this lawyer wins the case via islamic religious defense (LOI religious and another Loi!), then this state will be surrendering to islam.
5 years ago
Reply to
felix1999
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5 years ago
5 years ago
EGYPT: Hosni Mubarak banned Female Genital Mutilation, but now the Muslim Brotherhood is trying to make it mandatory
MAY 15, 2012 BY BARENAKEDISLA
http://barenakedislam.com/2012/05/15/egypt-hosni-mubarak-banned-female-genital-mutilation-but-now-the-muslim-brotherhood-is-trying-to-make-it-mandatory/
Wait, Obama told me the Muslim Brotherhood was a SECULAR organization.
http://www.barenakedislam.com/wp-content/uploads/2012/05/edsh-egypt-fgm-table_01.jpg
5 years ago
Reply to
felix1999
Mubarak was no prize. I remember right here on pamelageller.com Ms. Geller reported the arrest and incarceration of a Coptic Christian for coming out publicly in support of Israel. What became of him is unknown because shortly thereafter Mubarak was deposed and the Arabpig Spring initiated.
5 years ago
Why blame Islam ? its the dumb infidels who are stupid enough to welcome them in and support them
they deserve what they get.
Like Brits/Europeans and Americans who go to get finest fecal diversity cuisine in muslim run restaurants like these http://bit.ly/2snziZ8
LOL !
5 years ago
Reply to
Suresh
Female circumcision is a cultural tradition not a religious one. And it’s supported by women not by men. Most circumcised women don’t view it as a big deal, just like Americans view male circumcision.
5 years ago
It’s all part of celebrating diversity and all cultures being equal!
5 years ago
The old Green agenda of outlawing Jewish circumcision will shortly make a comeback, not that the two procedures are remotely similar.
5 years ago
It seems that every thing to do with Muslims is stood on its head and all common decency is thrown out . No law for them. That it is allowed here in America is crazy. The only reason that I can think of is it is satanic and control humans.
5 years ago
Female genital mutilation violates the Universal and American human rights of Muslim girls living in the US. It is a physical assault, a sexual assault and an assault on their femininity/god-given joy in the act of procreation/sex. It sets them up for subjugation and lifelong slavery to the death/works cult of Islam, an institutionalized human rights violating ideology. It simply cannot be allowed in America, the wellspring of, bastion of and defender of human rights in the world. It cannot be excused because the left thinks we are now a tolerant, diverse, multicultural global community without borders and without national identity. This makes a mockery of our Constitution our Bill of Rights and the sacrifice of our soldiers who fought and died in far away lonely places, defending freedom and liberty around the world!
5 years ago
FGM is a form of child abuse operating without ‘medical’ supervision in a hospital where it would not otherwise be performed anyway. This form of abuse is unethical and it is also a part of the subjugation of not only women but,sadly, children.And another true view is that is is simply evil. Boys are circumcised for cleanliness not girls that would be ridiculous. According to sharia law women and children sadly enough have no right of anything but in reality they have the right to feel pleasure and intimacy which is God given(not by allah who is non-existant).
5 years ago
The very first phrase of the very first sentence of the very first Amendment says: “Congress shall make no law respecting an establishment of religion”. This means that the govt. *shall not play favorites among religions*. That means that whatever the govt. allows or forbids to any one religion, it must *equally* allow or forbid to *all* of them: no exceptions. That means that whether you’re a Muslim or a Mormon, you may not have more than one wife; whether you’re a Muslim or a Satanist, you may not own slaves nor commit human sacrifice; and whether you’re a Muslim or a Skopsje, *you may not castrate your children*. Yes, there are legal precedents for all of these.
5 years ago
Reply to
LeslieFish
Listen, Christians and other religions do not genitally mutilate their children, only muslims do.
5 years ago
Remove all children from all muslims, sterilise them all, so they can’t breed, then kick them all out. Only way, sadly.
5 years ago
Um, the civilised world?
5 years ago
Sexually marring children is horrific. I can see the problem, that this was prosecuted as an interstate commerce situation, rather than a States’ Rights issue, but still, the process needs to remain criminally BANNED in the USA.
