CAIR 'TERRIFIED' JURY WILL
LEARN OF ITS RADICAL TIES, 'Muslim Mafia'
asking judge to block damning evidence, by Art Moore, 5/14/17, WND
Eight years ago, the Council on
American-Islamic Relations sued the investigators behind a daring, undercover
operation that turned up evidence confirming the organization’s ties to the
Muslim Brotherhood, Hamas and violent Islamic supremacism.
Now, as its case finally heads to
trial, CAIR is trying to block the defendants from presenting that evidence and
other damaging information to a jury.
Last Wednesday, a federal judge in
Washington, D.C., delayed a pretrial hearing scheduled for May 15 to allow more
time to address a motion by CAIR to disallow evidence it describes as
“anti-Muslim bias.”
“CAIR is terrified that a jury will
learn the truth about its pro-Hamas founding and leaders,” said attorney Daniel
Horowitz. He represents David Gaubatz, a
co-author of the book that published the evidence, “Muslim
Mafia: Inside the Secret Underworld That’s Conspiring to Islamize America,” and his son, Chris Gaubatz, who conducted the
investigation as a CAIR intern.
During his internship, Chris Gaubatz
wore a recorder on his clothing to capture video and audio of his activities.
He gathered some 12,000 pages of documents, headed for a shredder that held
evidence of crimes committed by CAIR, including violations of the Foreign Agent
Registration Act, giving material support to terrorist organizations and
providing fraudulent legal services.
But CAIR filed suit alleging, among
other claims, violations of the federal and District of Columbia Wiretap Acts
and the Stored Communications Act. In the complaint, however, CAIR has never
defended itself against the actual claims of the book, which documents the
organization’s founding as a front group in the United States for the Muslim
Brotherhood and Hamas.
Horowitz told WND the evidence of
CAIR’s origin and character is “at the very core of our defense.” “You can’t
violate the rights of a criminal organization by exposing their violent
underbelly,” he said, noting that Hamas is a recognized terror organization
throughout the world.
“We are now going to have the
opportunity to show the judge that our allegations against CAIR are based upon
hard, proven facts,” Horowitz said. “Up until now we’ve had to endure CAIR’s
constant cries of bigotry every time we have opposed them on this case.”
Judge Colleen Kollar-Kotelly of the
D.C. Circuit Court said in her order Wednesday that additional briefings are
necessary to resolve the matter of whether the evidence regarding CAIR’s
background and character can be admitted.
Horowitz noted he has a recording of
a CAIR founder saying he prefers Hamas to the PLO.
“When the jury hears that, they’re
not going to find wrongdoing by our clients who exposed them,” he said. After naming the Gaubatzes in the
lawsuit, CAIR added the Washington, D.C., think tank Center for Security
Policy and three of its employees for
their part in commissioning a documentary about CAIR. Also added was attorney
David Yerushalmi and his non-profit group SANE, which campaigns against the
advance of Islamic law, or Shariah.
Anti-Muslim
bias?
A legal brief responding to CAIR’s
motion to disallow evidence of its origin and character noted the group “has
made numerous accusations of anti-Muslim bias on the part of the Gaubatz
defendants and their counsel.” CAIR’s motion stated: “For years, Defendants
have promulgated and endorsed the mistaken belief that CAIR is a terrorist
organization and Muslim Brotherhood front group. These allegations are blatant
conspiracy theories intended to push Defendants’ anti-Muslim agendas.”
The reply brief says the defendants
“agree that anti-Muslim bias should not be part of a defense and that persons
of all religions should have equal access to fair treatment and justice in the
courts.”
“However,” it argues, “fact-based
evidence that is relevant to contested issues, should not be excluded simply
because CAIR labels such criticism ‘anti-Muslim.'”
The brief notes that the criticisms
raised by the defendants have been raised by others, including prominent news
sources, a Democratic senator and federal judges. It cites a 2007 New York Times story
about CAIR that states in the opening paragraph: “With violence across the
Middle East fixing Islam smack at the center of the American political debate,
an organization partly financed by donors closely identified with wealthy
Persian Gulf governments has emerged as the most vocal advocate for American
Muslims and an object of wide suspicion.”
The article describes how Sen.
Barbara Boxer, D-Calif., canceled an award she intended to present to CAIR and
canceled a meeting set with the organization. Boxer commented: “There are
things there I don’t want to be associated with.”
Also entered as an exhibit by the
defense is a 2014 Washington Post article on the designation of CAIR as a
terrorist organization by the United Arab Emirates, a Muslim country.
It cites, in addition, the FBI’s
suspension of contact with CAIR after the group was named an unindicted
co-conspirator in the trial of a sister Muslim Brotherhood organization that
funded Hamas, the Holy Land Foundation in Texas. The case demonstrated CAIR and
its founders were part of a group set up by the Muslim Brotherhood to support
Hamas.
Documented meetings with extremists
include a 2009 visit by CAIR’s executive director, Nihad Awad, with Muammar
Gadhafi to solicit funds from Gadhafi for CAIR. CAIR’s
‘true nature’
CAIR contends Chris Gaubatz had a
“fiduciary duty” — a relationship of trust to manage or protect property — as
an intern not to publish the CAIR documents. But the Gaubatzes’ legal counsel
argues “the relationship between a genuine civil rights organization and a
person purporting to share its ideals is more likely to establish a fiduciary
relationship than if CAIR is a criminal organization which used its intern
program as part of its fake civil rights persona.”
CAIR also argues for an “expectation
of privacy,” but the defendants reason that “if CAIR was regularly engaged in
unlawful conduct it is logical for a jury to conclude that it would conduct its
criminal activities in an area that was not easily accessible to an intern.” “The
quasi public office is likely not where illicit activities were planned.”
Entering evidence of criminal activity
by CAIR, the defendants argue, also is relevant for determining the credibility
of witnesses “who personally established the ‘civil rights facade’ and who
personally engage in activity that is unlawful.”
FBI wiretap evidence from the Holy
Land case showed CAIR chief Awad was at an October 1993 meeting of Hamas
leaders and activists in Philadelphia. CAIR, according to the evidence, 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 in
the U.S.
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