James W

INSTITUTE OF HUMANISTIC SCIENCE

1140-23 Savannah Road

Lewes, DE 19958

302.645.7436

jprescott34@comcast.net

http://www.violence.de

http://montagunocircpetition.org

http://ttfuture.org/violence

31 May 2010

Andrew G. Oosterbaan

Chief, Child Exploitation and Obscenity Division

Criminal Division, Department of Justice

1400 New York Avenue, N.W. Suite 600

Washington, D.C. 20530

Dear Mr.Oosterbaan,

I am in receipt of your letter of 27 May 2010 that was in response to my letter of 10 October 2009 to President Obama, which has taken seven months to receive a reply to my requests. Your letter of reply was not signed by yourself but by your secretary, which indicates the importance the Obama Administration and the Department of Justice gives to the genital mutilation of children, which is an act of torture by any criteria.

Contrary to your concluding sentence: “Thank you for your letter to President Obama. We hope that you found this information helpful.”-- a letter that provided no new information but a rehash of history with a total neglect of the central issues, which I raised in my letter.

There are six legal/Constitutional/International Treaty issues, which I am requesting that you address in my reply to this letter. These are:

1. The failure to enforce the equal protection clause of the 14^th Amendment to male children given the federal protection given to female children under PL 104-208 that declared Female Genital Mutilation a Federal Crime, 1997). http://mgmbill.org/usfgmlaw.htm

http://www.violence.de/prescott/letters/McFall_v_Shimp.pdf

2. The failure to affirm Judge J. Flaherty’s (1978) OPINION in The Court of Common Pleas of Allegheny County, Pennsylvania that “Forceable extraction of living body tissue causes revulsion to the judicial mind. Such would raise the spectre of the swastika and the Inquisition, reminiscent of the horrors this portends”; and to enforce the equal protection clause of the 14^th Amendment to male children given the federal protection given to female children under PL 104-208 (Female Genital Mutilation is a Federal Crime, 1997). http://mgmbill.org/usfgmlaw.htm

http://www.violence.de/prescott/letters/McFall_v_Shimp.pdf

3. The failure to acknowledge the homicidal and suicidal impulses of a circumcised 6 year old as described in a published 1945 study conducted by Dr. David Levy, attached. This case study raises the question of homicidal and suicidal impulses generated in a larger circumcised population. Your failure to acknowledge the homicidal and suicidal impulses engendered by the acts of genital mutilation of children is inexcusable and unconscionable

http://www.violence.de/prescott/letters/Levy1945.html

4. Dr. Judith Palfrey, President, American Academy of Pediatrics on 14 May 2010 disavowed the Policy statement—Ritual Genital Cutting of Female Minors by the AAP Committee On Bioethics where she states: “The AAP does not endorse the practice of offering a “clitoral nick.” This minimal pinprick is forbidden under federal law and the AAP does not recommend it to it members”. http://www.violence.de/politics.shtml#Lt_Pediatrics_4.29.10

If a “minimal pinprick” of the clitoris is a federal crime how much greater is the crime that a major ablation/mutilation of the normal male child penis represents? Several Amendments to the U.S. Constitution apply here.

I responded to the AAP Policy Statement: Ritual Genital Cutting of Female Minors by the AAP Committee On Bioethics on 29 April 2010 in an Online letter to the Editor: “GENITAL MUTILATION OF CHILDFEN IS TORUTRE, enclosed.

6. The Universal Declaration on Circumcision, Excision, and Incision was unanimously passed by the General Assembly of the First International Symposium on Circumcision (March 3, 1989) and later incorporated into The Ashley Montagu Resolution To End The Genital Mutilation of Children Worldwide: A Petition To The World Court, The Hague published in the Fourth International Symposium on Sexual Mutilations (Denniston and Milos, 1996) and are posted at: http://www.montagunocircpetition.org

Letters of endorsement of The Montagu Resolution were received by Drs F.H.C. Crick, Jonas Salk and many other national/international citizens and scientists of the world, also available at the above website.

I was pleased to publish Barbara Honegger’s call for “A Proposed “Bodily Sovereignty Amendment To The U.S. Constitution” in The Truth Seeker, May/June 1989, when I was its Editor, attached. (Barbara Honegger served as a policy analyst in the Reagan Administration and is author of October Surprise (1989).

http://www.violence.de/prescott/letters/Bodily_Sovereignty_Amendment.pdf

It is regrettable that you lack the moral and political integrity to act, according to the law, to prevent the torture of male children for the GENITAL MUTILATION OF CHILDREN IS TORTURE!

You are in violation of Article 5 of the UNIVERSAL DECLARATION OF HUMAN RIGHTS that states: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment; and the U.N. CONVENTION ON THE RIGHTS OF THE CHILD

ARTICLE 19. ABUSE AND NEGLECT that states: ARTICLE 37. TORTURE, CAPITAL PUNISHMENT AND DEPRIVATION OF LIBERTY:

“States Parties shall ensure that:  (a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offenses committed by persons below 18 years of age. ”

Shame on the Department of Justice for this glaring indifference and neglect of U.S. Constitutional and International Law which protects children against this most fundamental violation of human rights—body integrity. By your letter to me of 27 May 2010 you have ill-served President Obama and impugned his moral and political courage on this issue.

I am copying this letter with enclosures to Dr. Judith Palfrey, President American Academy of Pediatrics; President Barack Obama; Marilyn Fayre Milos, R.N., Executive Director, NOCIRC,http://www.nocirc.org; Van Lewis, Administrator, http://www.montagunocircpetition.org; George C. Denniston, M.D. Doctors Opposing Circumcision.

http://www.doctorsopposingcircumcision.org/DOC/statement0.html and to Senator Patrick J. Leahy, Chairman Senate Judiciary Committee to hold Hearings on this blatant violation of Constitutional and International Law by the Obama Administration.

I will be requesting from Senator Patrick Leahy, Chairman, Senate Judiciary Committee that he invite Dr. Judith Palfrey, President American Academy of Pediatrics , Marilyn Fayre Milos, R.N., Executive Director, NOCIRC and George C. Denniston, Doctors Against Circumcision to testify before the Judiciary Committee on the GENITAL MUTILATION OF CHILDEN AS TORTURE.

Sincerely,

James W. Prescott, Ph.D.

Director

Cc: President Barack Obama

The White House

Senator Patrick J. Leahy,

Chairman, Senate Judiciary Committee

Judith Palfrey, M.D.

President ,American Academy of Pediatrics

http://www.violence.de/politics.shtml#Lt_Pediatrics_4.29.10

Marilyn Fayre Milos, R.N.,

Executive Director, NOCIRC