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Judge: 'Muslim Mafia' can proceed with suit

CAIR’s national headquarters in Washington, D.C., three blocks from the capitol building.

After more than a year of consideration, a federal judge in Washington, D.C., is allowing a Muslim group tied to a major terrorist-financing scheme to go ahead with its case against a father and son who documented the group’s links to worldwide jihad through a six-month undercover operation.

Judge Colleen Kollar-Kotelly has granted CAIR’s request to file two amended complaints against former federal agent P. David Gaubatz and his son, Chris Gaubatz. CAIR alleges it suffered damage after the younger Gaubatz, posing as an intern, obtained access to some 12,000 pages of CAIR internal documents under false pretenses and made recordings of officials and employees without consent.

Many of the documents were cited in a book David Gaubatz co-authored with Paul Sperry, “Muslim Mafia: Inside the Secret Underworld That’s Conspiring to Islamize America.” The book presents evidence for the Islamic group’s link to radical jihad, recounting its origin as a front group for the Palestinian terrorist group Hamas and the Muslim Brotherhood, the worldwide movement that has stated its intent to transform the U.S. into a Saudi-style Islamic state.

In the lawsuit, however, CAIR, a self-described Muslim civil-rights group, does not defend itself against the book’s claims, and the FBI has seized the CAIR material from the Washington law office of one of the Gaubtazes’ three high-profile lawyers. A previous filing in the case revealed a federal grand jury is investigating CAIR for possible violation of laws that ban financial dealings with terrorist groups or countries under U.S. sanctions.

Fight back against CAIR’s attack on First Amendment by making a contribution to WND’s “Legal Defense Fund.” Donations of $25 or more entitle you to free copy of “Muslim Mafia” – the book so devastating to CAIR the group is trying to ban it.

In her opinion, Judge Kollar-Kotelly granted part of the Gaubatzes’ motion to dismiss the case, throwing out the count pertaining to the audio and video recordings but maintaining other counts, including theft of physical documents.

“I would rather have seen the entire case dismissed at this point, but I believe it will be dismissed at the next point,” Gaubatz attorney Martin Garbus told WND.

Garbus, a renowned First Amendment lawyer who has handled many high-profile cases over the past four decades, said he thinks the Gaubatzes have a valid First Amendment argument and that CAIR didn’t suffer any financial damage.

“They haven’t shown that they have been damaged by those documents,” he said.

Garbus said the judge has essentially directed that the case go ahead with discovery and testimony until she can evaluate the defendants’ arguments.

There won’t necessarily be a trial, he said.

The Gaubatz defense team has until July 8 to file a reply to CAIR’s second amended complaint. A scheduling conference with the judge is planned for Aug. 17.

CAIR previously attempted to file its initial amended complaint without court approval. Kollar-Kotelly reversed the filing and ordered CAIR to file a motion to explain why it should be allowed to amend.

Also named in the complaint are the Washington, D.C.-based Center for Security Policy and three of its employees, Christine Brim, Adam Savit and Sarah Pavlis.

As WND reported, CAIR’s complaint seeks to expunge all copies of “Muslim Mafia,” in an attempt, according to Gaubatz lawyer Daniel Horowitz, to eliminate evidence that could lead to criminal prosecution of the group.

In May 2007, CAIR was named an unindicted co-conspirator in the Justice Department’s terror-finance case against the Richardson, Texas-based Holy Land Foundation, which was convicted of funneling more than $12 million to Hamas.

As “Muslim Mafia” recounts, FBI wiretap evidence from the Holy Land case showed CAIR Executive Director Nihad Awad was at an October 1993 meeting of Hamas leaders and activists in Philadelphia. CAIR was born out of a need to give a “media twinkle” to the Muslim leaders’ agenda of supporting violent jihad abroad while slowly institutionalizing Islamic law at home.

Horowitz has argued that CAIR’s complaint does not explicitly list any damages done to the organization by “Muslim Mafia.”

In a reply to the Gaubatzes’ opposition to CAIR’s initial motion to amend, CAIR lawyer Daniel Marino contended the gathering and publication of CAIR’s documents was not protected under the First Amendment.

Marino argued the First Amendment “does not privilege someone to steal valuable nonpublic information such as trade secrets, proprietary data, or privileged materials and, having so stolen it, to disclose it and thereby impair the value it had by virtue of its confidentiality.”

Horowitz has conceded CAIR might have a valid lawsuit if, for example, the items taken were a pirate treasure map, “and I took the treasure map and published it and somebody else got the gold first.”

“But if they’re Hamas, and we find documents that they support terrorism and fund cop-killers with civil-rights money, then the harm that’s caused them is damage to their reputation,” he said in a previous interview.

CAIR can’t sue anyone who claims it supports terrorism unless the claim is not true, Horowitz explained.

Horowitz has noted that normally, if a party believes a book is deliberately false, it will sue for defamation.

“Truth is a defense,” he said, “and we have always been willing to debate CAIR in a public forum or in the courts on these issues.”

Rogues gallery of terror-tied CAIR leaders

As former FBI agent Mike Rolf acknowledges in “Muslim Mafia,” “CAIR has had a number of people in positions of power within the organization that have been directly connected to terrorism and have either been prosecuted or thrown out of the country.” According to another FBI veteran familiar with recent and ongoing cases involving CAIR officials, “Their offices have been a turnstile for terrorists and their supporters.”

A review of the public record, including federal criminal court documents, past IRS 990 tax records and Federal Election Commission records detailing donor occupations, reveals that CAIR has been associated with a disturbing number of convicted terrorists or felons in terrorism probes, as well as suspected terrorists and active targets of terrorism investigations. The list is long and includes:

FBI agents arresting CAIR founding director Ghassan Elashi in 2002.

CAIR’s founder Ahmad, while claiming to be a moderate and patriotic American, reportedly told a group of Muslims in Northern California in 1998 that they are in America not to assimilate, but to help assert Islam’s rule over the country.

“Islam isn’t in America to be equal to any other faith, but to become dominant,” a local reporter paraphrased him as saying. “The Quran, the Muslim book of scripture, should be the highest authority in America, and Islam the only accepted religion on Earth.”

Ahmad insists he was misquoted. However, the reporter stands by her story, and an FBI wiretap transcript quotes Ahmad agreeing with terrorist suspects gathered at the secret Philadelphia meeting to “camouflage” their true intentions.

He compared it to the head fake in basketball.

“This is like one who plays basketball: He makes a player believe that he is doing this, while he does something else,” Ahmad said. “I agree with you. Like they say, politics is a completion of war.”

Hooper, CAIR’s communications director, also has expressed a desire to overturn the U.S. system of government in favor of an Islamic state.

“I wouldn’t want to create the impression that I wouldn’t like the government of the United States to be Islamic sometime in the future,” Hooper said in a 1993 interview with the Minneapolis Star Tribune. “But I’m not going to do anything violent to promote that. I’m going to do it through education.”

IMPORTANT NOTE: The CAIR legal attack on WND’s author is far from over. WND needs your help in supporting the defense of “Muslim Mafia” co-author P. David Gaubatz, as well as his investigator son Chris, against CAIR’s lawsuit. The book’s revelations have led to formal congressional demands for three different federal investigations of CAIR. In the meantime, however, someone has to defend these two courageous investigators who have, at great personal risk, revealed so much about this dangerous group. Although WND has procured the best First Amendment attorneys in the country for their defense, we can’t do it without your help. Please donate to WND’s Legal Defense Fund now.

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