CAIR doesn't legally exist

Here is an update mailed by WorldNetDaily about the on going legal battle between the Council on American-Islamic Relations (CAIR) and the author (and research team) of the Muslim Mafia.

JRH 12/22/09
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'Muslim Mafia' attorneys show in court that CAIR doesn't legally exist

Sent by: WorldNetDaily
Sent: December 21, 2009 5:19 PM

Legal check mate dealt to CAIR today in federal court

(WASHINGTON) Dec. 21, 2009—Of all the bombshells that the authors of "Muslim Mafia" have exposed about the Council on American-Islamic Relations, the most explosive revelation—which will air today in federal court—would shake CAIR to its very foundations.

If those foundations actually existed.

But CAIR the organization, attorneys for "Muslim Mafia" investigators reveal today in court, legally doesn’t even exist! Like its purported goals of protecting Muslims, helping law enforcement sniff out terror leads and upholding the best of American traditions— all "Muslim Mafia" proves to be deceptive shams.

In fitting irony, this comes to light in a court fight that the notoriously litigious CAIR picked to ultimately suppress the First Amendment and silence the damning discoveries that the book documents in intricate detail.

"CAIR is not a valid entity,” explains attorney Daniel Horowitz' motion to dismiss in the case filed in federal court in the nation's capital. From there—piece by piece—he dismantles CAIR’s case.

Support the fight against CAIR by contributing to the WND Legal Defense Fund.

Background

Part of the research for "Muslim Mafia" stems from a daring six-month investigation by Chris Gaubatz—son of co-author P. David Gaubatz—and two young ladies. All three pretended to convert to Islam—he grew a beard, they donned veils—and landed positions as CAIR interns. In the process, they retrieved 12,000 pages of internal CAIR documents.

Those documents illustrate what the FBI, which severed ties to the organization, and members of Congress, already acknowledge: CAIR is a Saudi-funded, terror-front group that supports Hamas, positions interns and staffers in key congressional offices, and strives to undermine post-9/11 security.

WND Books recently published "Muslim Mafia: Inside the Secret Underworld That's Conspiring to Islamize America," by the elder Gaubatz, a former federal agent and veteran terrorism investigator, and "Infiltration" author Paul Sperry. It alerted many Americans that CAIR, which bills itself as the nation's largest "mainstream" Islamic "civil rights” group, fronts not just for Hamas but also Muslim Brotherhood, the parent organization of al-Qaida.

CAIR disputes the Justice Department designation and condemns members of Congress who, thanks to "Muslim Mafia," demanded federal probes of the organization. Nov. 2, CAIR filed in federal district court in Washington, D.C., a lawsuit against the Gaubatzes.

CAIR is seeking punitive damages for trespass, breach of contract, conversion—the unlawful use of someone else's property—and breach of fiduciary duty. But CAIR does not defend itself against the book's claims. And the FBI has served a warrant asking for the same CAIR documents.

Taking apart CAIR's case

In 2007, the Justice Department labeled CAIR an unindicted co-conspirator in the largest terrorist finance case in U.S. history. That’s when the organization changed its name to the Council on American-Islamic Relations Action Network. But as Horowitz’ motion reveals:

• Searches on the Department of Consumer and Regulatory Affairs website for the name "Council on American-Islamic Relations" produce no results.

• "CAIR" isn’t just a convenient shortening of the name. In its suit against popular radio host Michael Savage, its attorneys appeared separately for CAIR and for CAIR Action Network, or (CAIR-AN).

• Under D.C. code, when a nonprofit corporation's articles of incorporation are revoked for failure to comply with certain reporting rules, "then all powers conferred on it are inoperative and it must cease all business activities... except for those activities necessary for winding up its affairs."

This further unravels CAIR’s case against the Gaubatzes. Claims of breach of fiduciary duty and breach of contract are based on its allegation that Chris Gaubatz signed a confidentiality agreement when he began the internship. As Horowitz writes:

• CAIR can’t produce evidence of any signed agreement

• Even if it could, "this document would have been signed between a non-existent corporate entity and Chris Gaubatz. There need to be two parties to a contract."

Horowitz poked more holes in CAIR’s case, including:

• Claim of trespass—invalid. The group has not even insisted in its pleading that its premises were private or not open to the public.

• Claims its e-mails are protected by the Electronic Communications Privacy Act—invalid. The law does not apply to office computers at CAIR, but "protects users whose electronic communications are in electronic storage with an [Internet service provider] or other electronic communications facility."

"CAIR is not a valid entity and even if it were, the exposure of its inner workings is part of the price it pays for being a controversial group in a hotly contested arena," Horowitz says in the brief's conclusion. "If the press or publishers had to prove the purity of their sources before publishing we would never hear about the various romances of Tiger Woods (which might be a relief) but we also never have heard of the Pentagon Papers."

In the well-known case brought by the New York Times against the federal government, the U.S. Supreme Court upheld the right of the press to the Pentagon Papers—the top-secret Defense Department history of U.S. involvement in Vietnam—because they related to "matters of great public concern," Horowitz argues.

The lawyer who represented Daniel Ellsberg in the Pentagon Papers case, famed New York City lawyer Martin Garbus, also is defending the Gaubatzes. Another high-profile advocate, Bernard Grimm of Washington, D.C., is a third member of the legal team.

WorldNetDaily has come to the defense of the Gautatzes in aggressively fighting the lawsuit and set up a legal defense fund inviting the public to help support.

"This is a battle we absolutely can win," said Farah, "especially since we have retained the very best First Amendment attorneys in the world – including the lawyer who defended Ronald Reagan – to defend our author and our book. But lawsuits are very expensive and we urgently need our readers to help us fight this radical Islamic group's attack on us."

"Muslim Mafia" reveals how CAIR:

• Debated launching a smear campaign against Democratic Sen. Barbara Boxer of California after she cited concerns over its associations.

• Angles to excuse, protect and prevent police from prosecuting Muslim men who beat their wives, decreeing such beatings are OK for American Muslims so long no mark remains.

• Works to gut U.S. anti-terrorism laws

• Loosens U.S. Muslim immigration policies

• Infiltrates the government to institutionalize Shariah law

• Hinders FBI investigations of terrorist suspects

• Tips off terrorist suspects prior to raids

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To interview the authors, publisher or counsel, contact Tim Bueler at (530) 401-3285 or media@wnd.com.