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Muslims' lawsuit 'silliness,' judge asked for dismissal

Lawyers with the American Freedom Law Center have filed a motion for a summary judgment in a lawsuit brought by Islamists working in the United States under the title of Council on American Islamic Relations, explaining the “silliness” simply needs to be dropped.

The organization filed the motion, along with a memorandum of law and dozens of supporting documents, in the U.S. District Court for the District of Columbia in the case naming Center for Security Policy, several employees, and former federal investigator Dave Gaubatz and his son, Chris Gaubatz, as defendants.

CAIR filed suit in 2009 against the Gaubatzes 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 exposé “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.

The case has been going for years already, and U.S. District Judge Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia recently 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 filed at that time by the American Freedom Law Center, which is defending CSP, rebuking CAIR and its in-house legal counsel for an inability to efficiently manage discovery in this matter and to comply with the court’s scheduling and procedures order.

“We expect the court to rule in favor of our clients not because CAIR manifestly abused the legal process in this litigation, but because the facts uncovered in the litigation demonstrate that the documentary was undertaken legally and quite properly,” said Davdi Yerushalmi, AFLC co-founder.

“It is no surprise that CAIR has failed to meet its burden of proof and provide any probative evidence of wrongdoing by our clients. Even more, the factual record in this case that we have built based upon AFLC’s successful and extensive discovery of CAIR’s inner workings, demonstrates not only that CAIR is a Muslim Brotherhood-Hamas front group, but that it is a tax cheat and has abused its 501(c)(3) status as an IRS recognized charitable entity.”

He continued, “It is fascinating to observe the juxtaposition of the IRS’s willful
blindness to avoid seeing CAIR’s open and notorious abuse of the tax code while targeting
conservative and pro-Israel groups. It makes you wonder who’s minding the government store.”

CAIR also has filed its cross-motion for summary judgment, and both parties have until June 17 to answer.

Kollar-Kotelly’s ruling could happen before the end of the year.

Robert Muise, AFLC senior counsel, commented: “As argued in our memorandum of law, CAIR’s lawsuit is nothing more than an effort to punish CSP and the Gaubatzes for exposing their dubious operations. The undercover documentary at issue here is a timeless form of journalism that is often employed to uncover corruption and other misdeeds.”

CAIR, a self-described Muslim public interest law firm, previously was listed as a Muslim Brotherhood-Hamas front group by the FBI and the U.S. Attorney’s Office in the federal
criminal trial and conviction of a terrorist funding cell organized around one of the largest Muslim charities, the Holy Land Foundation.

That group raised funds for violent jihad on behalf of Hamas, and top CAIR officials were part of the conspiracy. In addition, several of CAIR’s top executives have been convicted of terror-related crimes.

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 an opinion in June 2011, 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.

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.

The motion from the AFLC explained the reference to silly, based on the plaintiffs’ assessment of what value documents they sent to an intern to destroy now held.

“Beyond the incoherence if not silliness of these speculative, if not outright artificial valuation methods, plaintiffs conceded in their live testimony that they had no idea why they came up with these valuation,” the filing explains.

The document also raises questions about standing, since CAIR apparently was not properly authorized as an organization when it first brought the claims.

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.”

Ibrahim 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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