“Our clients have lost so much of their lives,” says the attorney for the FGM doctors.
Yes, and so have your clients’ victims. But now it appears that female genital mutilation can be practiced in America with impunity.
“‘This matter is vindictive’: Federal judge throws out landmark female genital mutilation case,” by Tresa Baldas, Detroit Free Press, September 28, 2021 (thanks to Darcy):
DETROIT — A federal judge on Tuesday threw out the nation’s first female genital mutilation case, delivering a major blow to the prosecution and survivors who had hoped the Detroit case would help end a practice that is still performed on millions of girls worldwide.
In dismissing the four-year-old case, U.S. District Judge Bernard Friedman concluded the prosecution was vindictive in seeking new charges against the accused, who had previously convinced the judge to declare the federal female genital mutilation ban as unconstitutional.
“The court concludes that the prosecution in this matter is vindictive. The government obtained the fourth superseding indictment, which asserts new and additional charges, in retaliation for defendants’ past success in having other charges dismissed,” Friedman wrote in his ruling. “Such vindictive or retaliatory prosecution is a due process violation of the most basic sort.”
The lead defendant is Dr. Jumana Nagarwala, whom prosecutors allege cut the genitals of nine minor girls during after-hours procedures at a Livonia clinic that belonged to her doctor friend, who also was charged in the case. Nagarwala has long denied engaging in genital mutilation, saying the procedure she performed on minor girls was a benign, religious practice that involved only scraping or “shaving” of the genitalia, not cutting.
Nagarwala’s attorney, Shannon Smith, applauded Friedman’s ruling, but called the ending of this case “bittersweet.”
“Yes, they’ve won, but they’ve never been vindicated in court. Those things never happened. The things the government alleged never happened,” Smith said. “Our clients have lost so much of their lives. The impact on their lives has been unspeakable. It’s hard. They’ve gone through half a decade of being charged and living under these charges.”
Smith also expressed frustration with much of the case being sealed.
“I’m not surprised with how it ended. But what’s really sad is that so much of the case is under seal and is not available to the public,” Smith said. “I can understand why people reading about this are going to be so upset and confused and not understand … but so much of the case is under seal.”
The U.S. Attorney’s Office declined comment Tuesday, noting it has not yet reviewed the judge’s ruling, which essentially ends the case unless the government appeals.
The case involves nine girls, ages 7 to 12, from Michigan, Illinois and Minnesota, including some who cried, screamed and bled during the procedure and one who was given Valium ground in liquid Tylenol to keep her calm, court records show.
Among the accused were three mothers, including two Minnesota women whom prosecutors said tricked their 7-year-old daughters into thinking they were coming to metro Detroit for a girls’ weekend, but instead had their genitals cut at the Livonia clinic as part of a religious procedure….
jim says
I suppose it was a leftist judge, or else a conservative who switched sides when he got his judgeship in order to curry favor with the left. Probably it was also a judge who was afraid of being attacked by the left or radical extremists if he did not kowtow to the religion of peace.
Roland says
What’s the next legal course of action? Any further appeals available? National legislation?
PRCS says
“Any further appeals available?”
From the article:
The U.S. Attorney’s Office declined comment Tuesday, noting it has not yet reviewed the judge’s ruling, which essentially ends the case unless the government appeals.
gravenimage says
I hope it does, PRCS.
Infidel says
Both Michigan as well as the US have Democrat governments, and as far as Michigan goes, even the GOP in that state panders to muslims. So case closed here. If it spreads to another state, it’ll have to be fought there
Beneath the Veil of Consciousness says
In a country that now incarcerates soldiers for criticizing insane military moves with deadly consequences, I’m not at all surprised.
BTW- What happened to Hunter Biden’s laptop, again? Oh yeah, that’s right, this is the new America where whistleblowers are incarcerated in gulags, while criminals walk free. Anybody remember Julian Assange or Edward Snowden?
Communist military dictatorship much?
tgusa says
U.S. court: Mass surveillance program exposed by Snowden was illegal.
https://www.reuters.com/article/us-usa-nsa-spying/u-s-court-mass-surveillance-program-exposed-by-snowden-was-illegal-idUSKBN25T3CK
The establishment keeps calling patriotic Americans nazis or terrorists. Funny, nazi like behavior keeps showing up on the doorstep of the establishment. Good old uncle Adolph calling us nazis, terrorists.
ChrisFromCincinnati says
This same judge also ruled in 2018:
Overturning the Federal ban on female genital mutilation (FGM):
On November 20, 2018, he ruled that the Federal law against female genital mutilation (FGM) is unconstitutional because the law overreaches the Federal government’s enumerated powers as defined by the “Necessary and proper” clause and the “Interstate commerce” clause. (Wikipedia)
HugoHackenbush says
This really is a state issue unless the girls were brought across state lines. Each state can outlaw the practice regardless of this decision by a federal court. Of course Congress could pass a law that defines the clitoris as important to interstate commerce in terms of the sex toy industry.
somehistory says
From the original news story from years ago, it did indicate that the mothers took their children from the state in which they lived to this sexual predatory butcher in MI to have the abuse carried out.
And a previous update said these butchers were busy across the U.S.
HugoHackenbush says
As I recall the law outlawed the procedure itself and not the interstate transport of minor girls for the purpose of being subjected to the procedure. This is where the issue arises and why the judge could find that the law was unconstitutional and also shows where the states need to act to protect these children.
gravenimage says
Thank you, Chris and Somehistory. Appalling stuff.
roberta says
Has doing the right thing really become so hard?
Shame on this ”judge”, shame on his family, shame on his community.
mortimer says
So much for protecting women and little girls from abuse. It is child abuse. The girls have no choice.
If a woman of the age of consent wants to be mutilated, let her sign a form that she consents. Otherwise, no mutilation of little girls. It should be illegal, though, across the board.
The judge did not defend women and girls from coercion.
gravenimage says
Even for adutls, this should be illegal. If they want to go to some Islamic hell hole to get themselves mutilated, fine. Not on our soil. And Muslims should also be prosecuted if they live in the west and take their little girls abroad to be mutilated.
IQ Rassooli says
In the whole of Muhammad’s Quran, there is not a single mention of FGM hence on what basis can any MF Muslim claim it part oft their belief?
Considering the FACT that this is Mutilation of a child (not 8 days old but more mature) then it an act of extreme violence against a human being
The Lawyers for the girls are more derelict in their duties than the judge.
They should have investigated the Islamic sources and would have found out in a matter of minutes if it is mandated in Islam or not
Even male circumcision is NOT mandated in the Quran because Muhammad was Uncircumcised
The judge should be challenged all the way to the Supreme court. Muslims always win in the West because the judges are stupid and lazy.
Graham Bryant says
WELL SAID IQ!
Ade Fegan says
Not really Graham ..
islamic scripture condones the destruction of children’s genitals
mortimer says
IQ … a powerful argument for Koran-only Muslims.
However, Muslims who follow the Sunna (hadiths and Sira) endorse the practice:
-“Circumcision is obligatory (for every male and female) (by cutting off the piece of skin on the glans of the penis of the male, but circumcision of the female is by cutting out the bazr ‘clitoris’ [this is called khufaadh ‘female circumcision’]).” — Umdat al-Salik e4.3, translated by Mark Durie, The Third Choice, p. 64 (English: ‘Reliance of the Traveller’)
-“Abu al- Malih ibn Usama’s father relates that the Prophet said: ‘Circumcision is a law for men and a preservation of honour for women.’” — Ahmad Ibn Hanbal 5:75
-“Narrated Umm Atiyyah al-Ansariyyah: A woman used to perform circumcision in Medina. The Prophet (peace be upon him) said to her: ‘Do not cut severely as that is better for a woman and more desirable for a husband.’” — Abu Dawud 41:5251
-“Aishah narrated: ‘When the circumcised meets the circumcised, then indeed Ghusl is required. Myself and Allah’s Messenger did that, so we performed Ghusl.’” — Jami` at-Tirmidhi 108
-If Muhammad had the genitals of his favorite wife, Aisha, mutilated, that is a strong endorsement of the practice from the man who is an “excellent example” (Qur’an 33:21) for Muslims
gravenimage says
Mortimer, while the Qur’an lacks a couple of specific horrors of Islam–FGM and stoning–it itself is hideously violent. A “Qur’an only” Islam would be little better than the orthodox Islam we have now, and in any case very few Muslims reject the Hadith and Sira.
gravenimage says
You find this Islamic savagery in the Sahih Hadith.
Graham Bryant says
lt was genetal mutilation by the cutting of the said area not “scraping”-an evident lie perpetrated by the defendant surgeon and mother of the ‘victim’ -and this is a clear violation of the American constitution by law(Had this been done to a white American 7 year old it wold have been a WIN case for the prosecution).
This Judge is evil-minded – simple a that!! Allowing this is also part of the islamizatrion of the host bnation and this is no way of resisting the evil of islam and their agendea – to change the American culture to islam and sharia law as rule over ALL its citizens!! Declaring ‘WHITE- SUPREMACY’ IS ANOTHER WAY OF ISLAM UNDERMINING THE AMERICAN CONSTITUTION-WITHOUT BEING STRATEGLY PLACED IN CONGRESS OR ANY OFFICE OF AUTHORITY THE MUSLIMS CAN NOT DO ANYTHING TO FULFILL THEIR AGENDA!! THESE ISLAM MUSLIMS ARE EVIL WITHOUT QUESTION-they worship a god who is non-existent an idol NOT THE GREAT LORD GOD ALMIGHTY WHO IS INDEED OUR BELOVED CREATOR. aMERICAN IS PUSHING THE gOD OF THE BIBLE AWAY AND THIS IS NOT GOOD FOR AMERICA that means more evils to come for the USA!!
Rarely says
If the federal ban against FGM is unconstitutional grounds vis-a-vie Freedom of Religion we should watch out for religions that require human sacrifice. Such a flagrant abuse of children must be condoned.
Rarely says
ERROR: “…must NOT be condoned…”
Infidel says
Yeah, and why ban honor killings, killings for apostasy and so on, since it violates the freedom of islam to persecute those who abandon it? That’s why I’m w/ those posters here who insist that islam be de-recognized as a religion in terms of First Amendment practices
gravenimage says
Grimly true, Rarely. If Muslims mutilating their children is legalized, what other horrors of Islam are apt to be next? Forced marriage” Child marriage? “Honor Killings”? Murdering Infidels in Jihad terror attacks?
Rarely says
ERROR: “…must NOT be condoned…”
Kashyap says
What is happening in US!
Proud Islamophobe says
Jeremiah 15:6a – “You have forsaken Me,” says the LORD, “You have gone backward. Therefore I will stretch out My hand against you and destroy you; I am weary of relenting!
somehistory says
These poor children….guessing they aren’t old enough to get their own attorney, but there are people who are children’s advocates and go to court to argue on behalf of the children and their “rights.”
The prosecutor needs to make contact with the office that has these people on file and get one assigned to these children. Then, the children can bring a civil action against these sexual predators for the damage they did to the children’s bodies and emotional and mental health.
Sue them big-time and the ‘mothers’ can be on the side having to defend themselves.
Seriously, civil suits are winnable and these kids have a good case. Make these butchers pay through the nose or wherever and mess up their lives even more…put the scum in the light and see them squirm before the children.
somehistory says
This creepy ‘judge’ will get exactly what he so richly deserves. As will the sexual predators, butchering little children for the lust and the money. Their sickening smiles and smirky grins will not last long.
Infidel says
Just curious – who appointed this judge? Obama? Clinton? Either of the Bushes?
somehistory says
Internet says Reagan. If that man could see what his appointment is doing now. He might say, “Not that wall.”
It seems some think anything the mozums want, should be; otherwise it’s unconstitutional.
One of the worst decisions ever made by someone who is supposed to look out for the victims.
Infidel says
Reagan’s worst appointment was Anthony Kennedy, the ‘swing’ vote on SCOTUS who thought that the Constitution allows for same sex marriage. And that was the turning point that made it a global fait accompli: before that, it was just restricted to some countries in Europe, as well as weird ones like New Zealand and Canada
gravenimage says
Very disturbing, Somehistory.
Of course, I doubt that Reagan or his vetting team ever thought to ask Friedman his views about mutilating children….
somehistory says
I meant the worst decision made by this “judge.” Not Reagan. Nancy was a pretty bad one for him.
tgusa says
President Reagan was a America loving patriot, a very kind man, who underestimated what lurked about him and he was, even back then, labeled by leftists, as the worst person on Earth. Give him a break, he had no idea what he was up against. In a strange twist President Reagan came out of California, where did the other destructive presidents before him and after him come from?
Richard Watson says
Oh so now you can practice what we call ‘gross bodily harm’ upon a child and get away with it. What are they going to do next? Gas Jews?
somehistory says
If i elmi, alias omar, and talib and aoc have their way…who knows the answer to your question.
gravenimage says
+1
Proud Islamophobe says
It’s already been done. :*(
Ade Fegan says
There is a certain “federal judge” I’d like to see thrown out
GreekEmpress says
The way things are going, child brides and polygamy will be allowed next.
somehistory says
There are many old men with little girls on the military bases….and these ones can just take off…legally…into the country without a word as to where they are headed. 300 have already left the base in Texas and that is only a portion of at least 700 afghans who have left the bases on their own.
If the old men are the ones leaving, they’ll be taking the little girls they have for daily rape, right along with them.
All of the adult females wear burkas, so the “culture” is in full display and who is going to call them out?
gravenimage says
Yes–what is happening with Afghan Muslim “refugees” is just sickening.
Infidel says
Precisely! The US that refused to admit Utah unless and until it outlawed polygamy is dead
Westman says
And Utah is taking 765 Afghanis and their polygamous marriages!
https://governor.utah.gov/2021/09/16/gov-cox-provides-update-on-afghan-refugees-coming-to-utah/
Kenneth J Johnson says
Bizarre, The majority of the people in the US oppose FGMl Most of the states have lawsa against it, But a judge knows better that the general public, AND r
the legislatures of many states. A judge is sulposed to be representative of the people in his community. KEN
Mark Spahn (West Seneca, NY) says
“Smith also expressed frustration with much of the case being sealed.”
Me too. Who put this case under seal, and why? The original article does not say.
gravenimage says
Michigan: Federal judge throws out female genital mutilation case against Muslim physicians
…………….
Absolutely disgusting. Judge Friedman cares nothing for the victims–or the future victims of these mutilators of children. *Ugh*.
Proud Islamophobe says
He’s either a stupid leftist, or a cowardly leftist, ruling on such a thing in Michiganistan. Either reasons are inexcusable.
Lisa Tea says
Perhaps there would have been a different outcome if the judge had been a female. There is a huge difference between male and female circumcision. Males lose a little skin, FGM makes sure the woman cannot have the complete sexual pleasure experience, as the clitoris is entirely removed or seriously damaged. Their reasoning is it will make the woman more chaste. Hah! Leave it to an illiterate seventh-century caravan robber to come up with this as part of his theology.
If you ask me the perpetrators should get the same sentence as in a sexual assault. It should be outlawed in every state in the nation. I hope their community shows its displeasure through some good old fashioned shunning.
Female circumcision may not be mentioned in the Qur’an, but marriage to small girls and sexual relations with them is mentioned in the waiting periods for divorcing wives who have not yet menstruated. What are they waiting for? To make sure the child wives aren’t pregnant.,
gravenimage says
Sadly, a lot of women are as bad as men about Islam–both dhimmis who are clueless, and Muslimahs who are just as devout. In fact, many promulgators of FGM are the mothers and other female relatives of the victims. The main doctor in this this case is also female.
savvyone says
Friedman was probably ok when appointed by Reagan. He has probably since come face to face with a Muslim bully who gave him a choice….do what we want or face the consequences. I have seen that very scenario play out in other situations.