Michigan: Muslims arrested for female genital mutilation file request claiming law is unconstitutional

Here comes the sharia. Remember, Alan Dershowitz is on the defense team.

Source: Dr. Jumana Nagarwala tries to toss counts in genital mutilation case

Three doctors accused of cutting the genitalia of prepubescent girls want key charges dismissed, arguing that a law banning female genital mutilation is unconstitutional.

The request, filed Friday in federal court, is the first legal challenge to a 22-year-old 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 girls as part of a religious procedure practiced by some members of the Dawoodi Bohra.

Congress lacked authority to enact a law criminalizing female genital mutilation in 1996, lawyers for Nagarwala and Farmington Hills couple Dr. Fakhruddin Attar and  Dr. Farida Attar.

The law “impermissibly expanded the scope and authority of the federal government’s powers beyond constitutional parameters, and the current prosecution cannot proceed without violating the Constitution of the United States,” the lawyers wrote.

 The filing is the latest attempt to dismiss charges filed by federal prosecutors. In January, U.S. District Judge Bernard Friedman dismissed the most serious count against Nagarwala and Fakhruddin Attar, a sex charge punishable by up to life in federal prison.

A trial is set for January 2019.

Now, the trio are targeting two additional charges that carry penalties of up to five years in federal prison: female genital mutilation and conspiracy to commit female genital mutilation.

Defense lawyers cite several reasons that Congress lacked authority to enact the female genital mutilation law:

• The law could not have been enacted pursuant to a section of the 14th Amendment because the section only applies to state actions.

• Congress also could not have enacted a female genital mutilation ban under the Commerce Clause because the procedure has nothing to do with interstate commerce, the lawyers claim.

“Notably, (female genital mutilation) is not an economic or commercial activity,” defense lawyers wrote in the filing Friday.

If the doctors are successful in their legal arguments, they would still face an obstruction charge that could send them to federal prison for up to 20 years.

Locally, most members of the Dawoodi Bohra sect belong to the Anjuman-e-Najmi mosque in Farmington Hills.

Nagarwala is accused of mutilating the genitalia of two Minnesota girls at a Livonia clinic in February 2017.

Prosecutors estimate up to 100 girls were cut during the 12-year conspiracy. So far, the indictment references six victims: two 7-year-old girls from Minnesota and four girls from Michigan ages 8-12.

Prosecutors say the girls were cut but defense lawyers say the procedure performed on the girls was benign and not female genital mutilation. They accuse the government of overreaching.

Nagarwala is accused of mutilating the Minnesota girls Feb. 3, 2017, at the Burhani Medical Clinic in Livonia, owned by Fakhruddin Attar.

Farida Attar is accused of helping arrange the procedure and being in the examination room while it was performed.

The couple were arrested last year and accused of accused of committing female genital mutilation, trying to cover up the crime and conspiring with Nagarwala to cut girls.

55 thoughts on “Michigan: Muslims arrested for female genital mutilation file request claiming law is unconstitutional

    • Dear “Biographer” (August 23, 2018 at 1:13 PM):

      Do you also regret voting for all those “assholes” who let pedophile priests in?

      • Isn’t it the Left that condones pedophilia and homosexuality but now condemns it because it’s Church related? FGM is sanctioned under Sharia and “bacha bawzi” is overlooked in some Islamic countries such as Afghanistan. Stick with the topic instead of making excuses.

      • We do regret that your mama let you back on the internet. Because, troll boy nobody gives a crap what you think! And we do regret your existence as it offers no benefit to society just like all of islam, simply just a ‘turd’ in the punch bowl of humanity!! Go away nobody here cares what you babble, notice I said babble, not think, because you don’t think!

      • What does pedophile priests have to do with FGM? Which country did these pedophile priests come from? Sounds like a red herring which is a logical fallacy. Muhammad was a pedophile who married a six year old girl and had sex with her at the age of 9. Immigrant muslims who come to our country are bringing their religion with them and sharia (i.e. Islamic law) is not welcome here.

        P.S. concerning pedophile priests and Catholicism that can go back to hell where it came from! Islam can go back to hell where it came from also!

          • Prayers to the Satanic Ancient cult of the queen of heaven are no more heard than prayers to the Satanic Ancient cult of the moon god Allah. You have no idea who Jesus even is unrepentant vile pacifistic heretic.

          • Nan, when you talk about something you have no background in, you leave your self open to rebuttal. I’m not where you get your information but, Jesus never started any organized religion. These organized religions were started long after he was gone. I admit I never read the catholic concordance, but I have read the old and new testament cover to cover and there is no mention of an ‘ organized religion and no mention of Catholicism, or Baptist, other than John the Baptist, or any other current facet of religion. And the cult of peace came 7 centuries later.

          • Paul who was Saul was “the Rock upon which the Church was supported”. “Jesus” was a Greek word, meaning “anointed”, assigned to Jeshuah in order to sell a Judaic Cult to a Roman audience.

            The Cathars were closer to true “Christianity”, and were targeted by the Church for so doing.

          • Error: Jesus (Yeshua) did not found the Catholic Church, Constantinople in 300 A.D. usurped Christianity and declared it the State Church. Jesus never made it to Rome; Paul did.

          • Nan, Jesus did not found the Catholic Church, Constantine did. Jesus founded His church, the church of .Christ, which is a far cry from what Catholics teach.

      • Well, we don’t really know what the Muslim witch doctors are up to in that regard, do we? since perverse fools like you enshrine them? I’d take a safe bet and wager it’s monstrous.

    • Ted Kenney jfk your ass is wrong…but your dead rite…britain worries bout themselves along with Canada’s no offense we will take care of us

    • Thank God He Forgives us our regrettable actions. If you avoid voting Dem in the future, that act alone will help. And if you do the research, you’ll find that the Democrat Party & the Communist Party have been Lovers since the 1920s.

  1. I don’t know about “unconstitutional”, but isn’t it a violation of the Religious Freedom Restoration Act? Or does that only protect Christians and corporations?

    P.S. – See what can happen when you turn Religion into a “get out of jail free card”?

  2. Now maybe we can get some rulings on this stuff. It had to happen. Will a judge have the courage to say: the law doesn’t care what your damned Prophet said, this victimization is against the law and you go to prison? Oh and……HEY PLAINTIFFS LAWYERS THIS IS FOR YOU……these innocent girls didn’t get maimed in a vacuum. Some imams, some congregations, some foundations, guided the hands that maimed them, and should be held responsible.

    • The ignorance is abysmal.
      What the west call FGM is a north african practise. It is carried out by Muslims, Christians and Jews on females in N Africa. Nothing to do with Islam. It was performed on Egyptians 5,000 years ago.
      Why is it OK for millions of males to be genitally mutilated and yet heinous for it to be done to females?
      The removal of the prepuce and the clitoral hood is a ‘rite’ for millions of people.
      If you can’t be bothered to research and get real information, then at least refrain from making ignorant comments.

  3. Muslims need to be exterminated like roaches from our country. Orgsnize agsinst tbem smd make it so uncomfortable for them that they’ll leave and go back to where they came from.

    • How about Christians? Indigenous people want to know.
      How about Mormons, Jehovah’s Witnesses, Seventh Day Adventists, Christian Scientists, Scientologists?
      OMG Satanists!

  4. Why don’t they let those girls grow up and make their own decisions on whether they want to be cut or not After all, it is THEIR bodies! Shouldn’t they have a say of what their wishes are? AND, why aren’t the males affected by this practice by taking some of THEIR sexual nerve endings away from their penis’? That way they won’t feel the need to rape women because they cannot “control themselves?”

  5. As an RN who works in obstetrics for 20 years- I have NEVER seen anything as appalling and painful and disfiguring as FGM! These poor women are victims of a ridiculous cultish religion -a tradition a rite of passage- So true what the above person said- Let them decide if they want to have their clitoris cut off and their front hole sewn up so tight they face endless lifetime problems with urination,intercourse,birth and obvious disfigurement. So wrong so very very wrong…

    • #Sky. Your comment is eye-opening on many levels! I find it so inconceivable that we actually have some of the bloggers here that are trying to defend this demonic practice! They’re pathetic losers!!!!!

      • I think that you need to do some research before you run your mouth. All your comments are ignorant on the subject. So are you a little raghead that’s pretending to be human, or just another little antifa brownshirt that’s against anything American? The Constitution is the law of the land the laws that define these crimes are in accordance with the Constitution. Certain medical procedures were adopted years ago for health reasons, but, your immature shortsightedness and ignorance of history shows. Your ignorance of islam is either on purpose or just ignorance. Best you stick to main stream media, this is reality and you are incapable of handling it!

        • I have done research not just listened to some BS artist.
          ‘The ignorance is abysmal.
          What the west call FGM is a north african practise. It is carried out by Muslims, Christians and Jews on females in N Africa. Nothing to do with Islam. It was performed on Egyptians 5,000 years ago.
          Why is it OK for millions of males to be genitally mutilated and yet heinous for it to be done to females?
          The removal of the prepuce and the clitoral hood is a ‘rite’ for millions of people.’
          As with Circumcision it was primarily a health issue in an area where there is very little water.
          So Good For You.
          Refute any facts but you can’t! So you just scream and shout and call names and drum your little heels on the floor and cry and cry and cry.
          You would not know reality if it bit you in the rear.
          What part of the above is in error?

          • Obviously as a liberal that feeds on only information that fits your narrow mind, your “facts” on FMG is as you say bullshit through and through. Just like every other excuse monkey that comes on here to defend the indefensible! The ignorance is all yours, so I have to assume that you attended a public school and never looked at facts outside of that. Because there is a whole world of information that refutes everything you say, from medical doctors, nurses and people that have read the koran. So your snippy little comments are really quite pathetic.

          • So you cannot refute a single detail. Merely make stupid comments and repeat hearsay.
            ‘”One of the customs most zealously observed among the Egyptians is this, that they rear every child that is born, and circumcise the males, and excise the females,” Strabo wrote in his 17-volume work Geographica.

            A Greek papyrus dated 163 B.C. mentioned the operation being performed on girls in Memphis, Egypt, at the age when they received their dowries, supporting theories that FGM originated as a form of initiation of young women.’
            It is Called circumcision Note that the rule of hadith dictate that if it is not mentioned specifically or if the pronouns do not point to a certain gender, then the hadith is valid for both sexes. Hence, the following hadiths are applicable for both men and women.
            Abu Hurayrah said: I heard the Prophet (peace and blessings of Allaah be upon him) say: “The fitrah is five things – or five things are part of the fitrah – circumcision, shaving the pubes, trimming the moustache, cutting the nails and plucking the armpit hairs.”

            World Health Organisation.
            “In most societies, where FGM is practised, it is considered a cultural tradition, which is often used as an argument for its continuation.”
            “Though no religious scripts prescribe the practice, practitioners often believe the practice has religious support.”
            “Where FGM is a social convention (social norm), the social pressure to conform to what others do and have been doing, as well as the need to be accepted socially and the fear of being rejected by the community, are strong motivations to perpetuate the practice. In some communities, FGM is almost universally performed and unquestioned.
            FGM is often considered a necessary part of raising a girl, and a way to prepare her for adulthood and marriage.”
            So your stupidity and lies are exposed as nonsense.

          • No, your cherry picked writings that support ragheads defiling a woman do not prove anything other than that the cult of murder, rape and conquering don’t belong in the United Stated and should be flushed. So your moronic trolling against reality does nothing except prove that muzlemz and islam have no place in American society. Follow the laws of the host country or get out. Bye bye troll.

          • The only problem with Christianity is that the Romans did not have enough lions.
            “I do not find in orthodox Christianity one redeeming feature.” — Thomas Jefferson
            “I like your Christ, I do not like your Christians. Your Christians are so unlike your Christ.”

            ― Mahatma Gandhi

  6. Pacifism is a Satanic lie, and is THE main reason totalitarian Antichrist atheists and totalitarian Antichrist Islamics have taken over what used to be Christian civilization. The only solution is war, mark my word. These kinds of people need to be executed in the streets. The goal of Marx has been achieved, and if you don’t want to end up in prison under these God damned Totalitarian atheists and Islamics you need to start killing a fuck load of them, or if you are too gutless then destroy all their property until they are bankrupted and force start a war, then wipe every last mother fucking one of them out.

    • Are you saying that it coming to a time when it will resemble the last day of deer hunting season? “If it’s brown it’s down? I guess you can count me in!

  7. Islam is nothing more than a sick, murderous, perverted cult. The democrat/Muslim conspiracy in this country will find a judge like the esteemed Sarah Bachus to rule FMG totally okie dokey. Then it will be wife beating, then honor killing. Slippery slope. Everyone in the MSM and anyone in state/federal government are terrified of being accused of being islamophobic. As long as Islam is recognized as a religion, they will be able to turn out Constitution against us. God help us all.

  8. In my opinion, Shariah ANYTHING (except true religious ceremonies, proven as such) should be illegal. The Constitution is OUR law. Why would we EVER ALLOW our Nation, our States, Local Govt., or the Feds to allow a THIRD WORLD LAW SYSTEM to be used on AMERICAN SOIL? If they want Shariah Law and Life so bad, send them back home and they can have it ALL THEY CARE TO!!

    • One thing, Pamela…. FGM, sharia, allah, islam and ALL related alliances “SHOULD BE ILLEGAL” and unconstitutional on the sheer basis of what their outspoken imams regurgitate every day from their pulpits of HATRED AND SEDITION!!!! There is NO SUCH THING as a “true religious ceremony” pertaining to islam (I prefer “pisslam” b/c they regard drinking camel urine to be legitimately medicinal)!!! P.S. muzzlumz are NOT ‘pious pilgrims of peace’ they are DEMONICALLY DECEIVED DEVILS OF DESTRUCTION…..

      • DEMONICALLY DECEIVED DEVILS OF DESTRUCTION! I love it that will be used again and again! Thank You Wellborn! Wonder where our resident goat humper is? Mommy must have taken his internet away! I enjoy ragging on the little moron!

        • #wahotsdad. You’re welcome! Glad to be of assistance! What’s more…. It’s not just a cute little phrase–it’s the God-awful TRUTH!!! If ever there was a false cult that originated from the pits of hell–that’s islam (sorry, I meant to say PISSLAM)!!! P.S. My guess, E.S. (the “goat humper”) prob couldn’t stand the heat and got out of the kitchen!!! HA!!!! WHAT A JOKE!!!!

If sharia law continues spreading, you'll have less and less freedom of speech - so speak while you can!

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