Ahead of a trial, the Council on American-Islamic Relations is asking a judge to prohibit an author and an investigator from mentioning in court the D.C.-based group’s Hamas and Muslim Brotherhood origins.
But, according to a response filed in federal court in Washington this week, that evidence is relevant to the defense of former Air Force special agent David Gaubatz and his son, Chris Gaubatz, whose undercover investigation collected internal CAIR documents and recorded conversations that were published in the WND Books bestseller “Muslim Mafia: Inside the Secret Underworld That’s Conspiring to Islamize America.”
Serving as a CAIR intern, Chris Gaubatz gathered some 12,000 pages of documents that were headed for a shredder at CAIR’s national office in Washington, just three blocks from the U.S. Capitol building. The information published in “Muslim Mafia,” co-authored by David Gaubatz and investigative journalist Paul Sperry, documented CAIR’s founding by members of the Muslim Brotherhood, the group that spawned al-Qaida and Hamas and stated in writing its intent to undermine Western civilization and ultimately bring America under Islamic law.
CAIR filed suit in 2009 claiming, among other things, breach of fiduciary duty, breach of contract, trespass and violation of the Electronic Communications Privacy Act. But in the lawsuit, CAIR does not allege libel or defamation and has never defended itself against the book’s claims.
A trial has yet to be scheduled in the case, which has been delayed for a decade by numerous CAIR legal maneuvers.
In the response to CAIR’s attempt to squelch any discussion of its radical ties in court, the Gaubatzes’ legal team argues the defense is partly based on whether or not CAIR is a criminal entity upon which no intern would form a “fiduciary relationship” of trust.
CAIR contends Chris Gaubatz’s collection of documents and recording of conversations amounted to a breach of his duty to the organization, but in the brief, attorney Daniel Horowitz argues CAIR’s claim is based on the assumption that it actually is the “human rights organization” it purports to be.
The defense, Horowitz says, will demonstrate to the jury that CAIR’s “public face” as an heir to the legacy of Martin Luther King Jr. is “a veneer and a subterfuge,” noting the refusal of CAIR leaders to renounce violence.
“The evidence of ‘CAIR’s’ connection to a hidden, Hamas/Muslim Brotherhood agenda is directly relevant to ‘the promises made’ by CAIR to Chris Gaubatz as an intern,” he writes. “It contrasts the representations made by CAIR self-defining as a genuine, dedicated civil rights organization with the reality that its core function was to be a hidden Hamas-based operation.”
CAIR was named by the Justice Department as an unindicted co-conspirator in a plot to fund Hamas, and an Arab Gulf state designated CAIR as a terrorist organization.
In March, as WND reported, a federal judge in Washington, Colleen Kollar-Kotelly, issued several orders in favor of the defendants, including allowing them to distinguish in court between various CAIR incorporated entities that have been formed since it was established in 1994. Congressional investigators have alleged CAIR is creating shell entities to hide foreign donations in violation of federal law.
Horowitz argues “a criminal has a very limited expectation of privacy.”
CAIR also is seeking to bar any evidence that attempts to “exploit and attack Islam.”
But Horowitz points out the book “Muslim Mafia” never “denigrates a religion.”
“It only attacks extremism under the guise of religion and that is not a ‘catch phrase’ that hides bigotry, it is fundamental to the book,” he writes.
He points a notice among the first pages of the book titled “A NOTE OF CAUTION FROM THE AUTHORS.”
It states: “This is not a book about Islam or Muslims in general. It is about the threat from Shariah Islam and violent jihad propagated by a criminal class of Muslims known as the Muslim Brotherhood or the “Ikhwan mafia.” This secretive organization dominates most established Muslim groups and mosques in America while exploiting, manipulating, and even victimizing law-abiding Muslim Americans. Only a small share of the world’s 1.3 billion Muslims are part of this dangerous group. This book is about them.”