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Judge rebukes Muslim group's effort to silence opposition

A federal judge’s rebuke of the controversial Council on American-Islamic Relations supports claims that the Muslim lobby group is abusing the court system in an attempt to silence opposition, says a lawyer for defendants in the case.

CAIR, which was tied to a major terrorist-financing scheme, “has a long history of filing lawsuits that cost millions of dollars to its victims,” Daniel Horowitz told WND.

“It is the same tactic that Scientology and other groups have used,” he noted.

CAIR filed suit in 2009 against former federal investigator Dave Gaubatz and his son, Chris Gabatz, after the two carried out an undercover investigation of the Islamic group. The Center for Security Policy in Washington, D.C., and three of its employees were later added to the suit for their part in commissioning a documentary.

Evidence from the investigation was published in the WND Books expose’ “Muslim Mafia: Inside the Secret Underworld That’s Conspiring to Islamize America.” The book documents CAIR’s support of 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.

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.

On Friday, federal Judge Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia denied CAIR’s motion to extend discovery of the Center for Security Policy and several of its employees.

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.

The court agreed with a brief by the American Freedom Law Center, which is defending CSP, and will soon set a schedule for motions that could end the case.

Kollar-Kotelly rebuked CAIR and its in-house legal counsel for their “inability to efficiently manage their discovery in this matter and to comply with the court’s scheduling and procedures order.”

Horowitz said the ruling “underscores how this process has to come to an end.”

“We are looking forward to trial so that this attack on the First Amendment can be ended,” he said.

Horowitz said the “glaring weakness” in CAIR’s case has always been a lack of damages.

“CAIR can’t sue for being exposed for its Muslim Brotherhood and Hamas founding. That is what ‘Muslim Mafia’ was about,” he said.

“If they sued for this, the judge would throw the case out of court,” he explained. ‘Instead, it is suing for minor points that caused no harm.”

Nevertheless, he said, “the cost of defending is still in the millions, so CAIR abuses the judicial system to silence its opposition.”

Horowitz pointed out that in a complaint by talk-host Michael Savage against CAIR several years ago, his team prepared a RICO complaint that alleged the Muslim group was engaging in a deliberate tactic to silence opposition.

Kollar-Kotelly also denied CAIR’s request to depose two non-party witnesses in the case, ruling the request was untimely, without cause, and would disrupt the court’s management of its schedule and prejudice defendants by delaying resolution of the case.

The court said even CAIR’s motion seeking more time for discovery was itself untimely and substantively deficient.

CSP attorney David Yerushalmi called CAIR’s motion “a blatant and patently false presentation of the discovery record in this case.”

“Indeed, this misrepresentation is just a part of CAIR’s pattern of taking a troubling and seemingly abusive approach to civil litigation,” he said.

In its motion to extend the discovery period, which had been ongoing for more than 13 months, CAIR requested to depose “Muslim Mafia” co-author Paul Sperry.

In the lawsuit, CAIR, a self-described Muslim civil-rights group, does not defend itself against the book’s claims, and the FBI 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.

In her opinion in June 2011, 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.

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

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.

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.

As WND reported, CAIR’s complaint seeks to expunge all copies of “Muslim Mafia,” in an attempt, according to 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.

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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