Monday, February 15, 2010

CAIR Lawsuit against Gaubatzes is DENIED as Moot

John R. Houk
© February 15, 2010

Have you been following CAIR’s Legal Jihad against the father/son team that collected some smoking gun damning evidence that CAIR’s unindicted co-conspirator status with the Holy Land Foundation’s (HLF) secret agenda to funnel money to Islamic terrorist group Hamas is just the tip of the iceberg to the fifth column wickedness of that American-Islamic organization?

Well it is apparent the Judge in CAIR’s civil suit against David and Chris Gaubatz is a judge that likes to explore all the merits of a case. Judge Kollar-Kotelly initially forced the Gaubatzs’ to return all the undercover acquired material back to CAIR. This minor legal victory by CAIR gave the Islamic organization some credibility in denouncing the book The Muslim Mafia co-authored by (Paul) David Gaubatz and Paul Sperry as spurious.

The FBI must realized that there was some material acquired pertaining to Homeland Security acquired by private citizens that potentially demonstrate criminal culpability by CAIR. Thus the FBI got a Federal Judge to override Kollar-Kotelly order to return material to CAIR. The Federal Judge issued a subpoena to allow those material documents to be diverted to the FBI.

Oops, that was a major dent in CAIR’s Legal Jihad.

Another minor dent in CAIR’s Legal Jihad occurred when attorney David Horowitz found a technicality in the CAIR lawsuit. The lawsuit was filed under the name that most Muslims and kafir that CAIR is known by; viz. Council on American-Islamic Relations.

The twist that Horowitz found was that CAIR legally changed its non-profit name to Council on American-Islamic Relations Action Network. (Hmm … Wouldn’t the new acronym be CAIRAN – pronounced like Karen? No wonder CAIR is still displayed. CAIRAN has a female connotation. Misogynist Muslims cannot have a female connotation implied to male dominated Islam.) Since the lawsuit was filed under the name of CAIR which doesn’t legally exist, then the lawsuit should be dismissed, right? CAIR changed its name because of the unindicted co-conspirator association with HLF.

I have found from an email alert from WorldNetDaily (WND) that Judge Kollar-Kotelly has denied CAIR’s lawsuit err … Legal Jihad as moot.

Here is the WND news e-alert concerning the dismissal:

JRH 2/15/10
‘Denied as Moot’
Federal judge upholds First Amendment, denies CAIR's attempts to legally intimidate, impoverish investigators who exposed its entrenched terror ties.

WorldNetDaily E-News Alert
Sent: February 15, 2010 12:18 PM

WASHINGTON) Feb. 15, 2010 -- A federal judge dismissed the Council on American-Islamic Relations' latest legal maneuver to re-file a lawsuit against the father-and-son team that investigated and documented the group's far-reaching links to terrorist networks.

Defense attorneys hailed the decision as a victory for the First Amendment in thwarting CAIR's alleged plan to "chill" free speech critical of the organization through an avalanche of court cases and legal costs.

After numerous briefings and counter-briefings that proved very costly to the defense of Air Force special agent P. David Gaubatz and his son Chris Gaubatz, who infiltrated CAIR as an intern and recovered thousands of damning documents, the organization's latest lawsuit intend to start the process all over again.

"But the new lawsuit didn't have anything substantively new," said Daniel Horowitz, one of the three lawyers for the defense. "And yet, that's their whole goal. They know they can't win the case, but they can chill the First Amendment by making it so expensive to speak against them that no one can challenge Saudi-funded CAIR. In the end, they can just keep getting more and more money from overseas and burn out opposition with lawsuits."

Judge Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia “denied as moot" CAIR's request to re-file the case.

According to the judge's decision, CAIR now has until March 1 to re-file "an appropriate motion for leave to amend."

"In terms of the First Amendment, it's a powerful ruling," Horowitz continued, "because it recognizes that by chilling free speech, you undermine it, even if you lose the case in the end. CAIR was trying to exploit that to the max, and the judge said no."

To interview attorneys Martin Garbus and Dan Horowitz or publisher Joseph Farah or obtain a review copy of Muslim Mafia, contact Maria Sliwa at (973) 272-2861 or (212) 202-4453 or

Posing as a young Muslim convert, in 2008 Chris Gaubatz served a six-month CAIR internship. Though told to shred certain documents, he instead retained them, providing key evidence for the book Muslim Mafia, published last fall by WND Books.

CAIR originally accused Chris Gaubatz of obtaining its property under false pretenses. But Joseph Farah, CEO and publisher of Muslim Mafia, however, asserted the material was legally obtained by Gaubatz, who had been asked by CAIR officials "to shred documents he believed might be criminal evidence … and involve matters of national security."

Furthermore, Horowitz argues, the documents were returned—and subpoenaed by the FBI to go before a federal grand jury.

Most tellingly, CAIR never disputed the book's claim that the self-described Muslim civil-rights group is a front in a conspiracy by the Egypt-based mother organization of leading worldwide terrorist groups, the Muslim Brotherhood, to pave the way for Saudi-style Islamic law in the U.S.

Horowitz noted to WND that normally, if a party believes a book is deliberately false, it will sue for defamation. In yet another blow, Horowitz argued that CAIR has no claim because it does not legally exist. The group changed its name to the Council on American-Islamic Relations Action Network almost immediately after it was named by the Justice Department as an unindicted co-conspirator in the largest terror-finance case in U.S. history.

"Now CAIR will have to either try to explain to the court why it used a fake name to start the case, and show it was honest mistake," Horowitz continued, "or they will have to try to argue that the new lawsuit is somehow different from the old lawsuit, which I don't think it is."

To interview attorneys Martin Garbus and Dan Horowitz or publisher Joseph Farah or obtain a review copy of Muslim Mafia, contact Maria Sliwa at (973) 272-2861 or (212) 202-4453 or

Some key smoking-gun revelations detailed in Muslim Mafia include:

    • CAIR is more closely tied to al-Qaida than previously reported;

    • CAIR and its sister fronts are funded by foreign Muslim Brotherhood sources;

    • The Muslim Brotherhood investment in corporate America will be used to pressure U.S. companies into compliance with Islamic principles.

CAIR Lawsuit against Gaubatzes is DENIED as Moot
John R. Houk
© February 15, 2010

‘Denied as Moot’
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