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Monday, 21 December 2009
'Muslim Mafia' Defense Attorneys document that CAIR Doesn't Legally Exist.

WorldNetDaily (WND) had this stunning report: 'Muslim Mafia' lawsuit response: Legally, CAIR doesn't even exist.”

Defense attorney for Muslim Mafia co-author, Dave Gaubatz and son Chris, Daniel Horowitz, in a court filing in the CAIR matter contend that the Council of American Islamic Relations (CAIR) doesn’t exit, legally.

Here’s the WND revelation based on the court filings:

Just two weeks after CAIR was named by the Justice Department in May 2007 as an unindicted co-conspirator in the largest terrorist finance case in U.S. history, the organization changed its name to the Council on American-Islamic Relations Action Network, explains attorney Daniel Horowitz in a motion to dismiss the case filed in federal court in the nation's capital.

"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 declares in his reply to CAIR's lawsuit.

Horowitz says if the group responds to his brief by filing an amendment to change its registered name back to Council on American Islamic-Relations, he will seek an evidentiary hearing "to establish whether there is a genuine corporate entity that is 'CAIR' or whether 'CAIR' is a moniker used to represent the activities of a ruling group that oversees (in some way) the operations of other CAIR related groups."

As WND reported, CAIR alleges P. David Gaubatz and his son, Chris Gaubatz, who served as an unpaid volunteer for CAIR last year, obtained access to the Muslim group's property under false pretenses, removed internal documents and made recordings of officials and employees "without any consent or authorization and in violation of his contractual, fiduciary and other legal obligations to CAIR."

The reply to CAIR also contends the Gaubatzes' actions to expose the group are protected by the First Amendment.

(A federal judge in Washington issued a restraining order Nov. 3 barring the Gaubatzes from further use or publication of the material – 12,000 pages of documents along with audio and video recordings – and demanding that they return it to the Muslim group's lawyers. But the FBI also has shown interest in the material, stepping in with a warrant Nov. 23 to examine the papers and recordings, apparently as part of its concern about CAIR and its terrorist links to Hamas.

An exhibit filed by Horowitz with his reply to CAIR shows a search on the Department of Consumer and Regulatory Affairs website for the name Council on American-Islamic Relations produced no results. Further, a search for "name availability" on the same site showed Council on American-Islamic Relations was available while the names Council on American-Islamic Relations Action Network and Council on American-Islamic Relations Foundation were not. Both of the latter names turned up in a search for incorporated names.

"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."

The implication is that CAIR doesn’t exist, legally, then, how can it bring this case requesting punitive damages against the Gaubatzes on the grounds of trespass, breach of contract, conversion – the unlawful use of someone else's property – and breach of fiduciary duty?  Credit this revelation to the sleuthing of the Gaubatzes, father and son.  We have posted on some of the CAIR documentation that Gaubatz obtained about its strategic plans here. Things in the CAIR suit against the stellar Gaubatz undercover team get “curioser and curioser.”  We can’t wait to see the next series of potentially devastating court filings by defense counsel Daniel Horowitz.

Posted on 12/21/2009 11:33 PM by Jerry Gordon
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