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Daniel Pipes asks some pointed questions about CAIR's suit against Andrew Whitehead of Anti-CAIR at FrontPage:
The Council on American-Islamic Relations, Inc. filed suit against Andrew Whitehead, one of the founders of Anti-CAIR (or ACAIR), in the Virginia Beach Circuit Court on March 31, 2004.(The motion for judgment is not presently available online but it closely resembles an earlier “cease and desist” letter from CAIR to Whitehead, which is online.)
The lawsuit alleges that CAIR is the victim of “libelous defamation” because of five Anti-CAIR statements in particular (the quotes that follow are exactly as presented in the motion):
• “Let there be no doubt that CAIR is a terrorist supporting front organization that is partially funded by terrorists, and that CAIR wishes nothing more than the implementation of Sharia law in America.”
• CAIR is an “organization founded by Hamas supporters which seeks to overthrow Constitutional government in the United States and replace it with an Islamist theocracy using our own Constitution as protection.”
• “ACAIR reminds our readers that CAIR was started by Hamas members and is supported by terrorist supporting individuals, groups and countries.”
• “Why oppose CAIR? CAIR has proven links to, and was founded by, Islamic terrorists. CAIR is not in the United States to promote the civil rights of Muslims. CAIR is here to make radical Islam the dominant religion in the United States and convert our country into an Islamic theocracy along the lines of Iran. In addition, CAIR has managed, through the adroit manipulation of the popular media, to present itself as the ‘moderate’ face of Islam in the United States. CAIR succeeded to the point that the majority of its members are not aware that CAIR actively supports terrorists and terrorist supporting groups and nations. In addition, CAIR receives direct funding from Islamic terrorists supporting countries.”
• “CAIR is a fundamentalist organization dedicated to the overthrow of the United States Constitution and the installation of an Islamic theocracy in America.”
These statements, CAIR claims, “are false, and were false when made.” Further, Anti-CAIR made them “with knowledge of their falsity.” The statements are libelous because “they impute the commission of a criminal offense.” They allegedly caused injury to CAIR’s “standing and reputation throughout the United States and elsewhere.”
In compensation, CAIR seeks $1 million in compensatory damages, $350,000 in punitive damages, plus its legal fees and interest as of April 16, 2004.
Comments: (1) This case is of personal interest because CAIR has repeatedly attacked me and Anti-CAIR has often come to my defense. It is of wider interest because CAIR is a sizeable organization based in North America; for more information on it group, see my 2002 article, an extensive bibliography, and a lively discussion forum here.
(2) I have cited Anti-CAIR before in this weblog about the arrest on terrorism charges of a former CAIR employee, and I found its reporting accurate on this subject.
(3) To the best of my knowledge, this is CAIR’s first law suit against a critic. The closest to this until now was a personal law suit by an employee of CAIR, Hussam Ayloush, not by the organization itself. (As Anti-CAIR itself has reported, the suit was dismissed.)
(4) CAIR, which is quick to announce its own activities to the world has been curiously silent about this law suit.
Questions: I wonder why CAIR would bring a defamation suit. (1) It opens CAIR, usually a highly secretive organization, to the discovery process. For Andrew Whitehead to defend himself in court, in other words, he is entitled to ask for the production of documents relating to such matters as CAIR’s founding, funding, mission, and goals, then to grill persons associated with CAIR.
(2) CAIR presumably has no knowledge of Andrew Whitehead’s financial resources; for all it knows, it is suing someone without means for about $1.5 million.
(3) Anti-CAIR until now has been a well-kept secret. The website ranking service at alexa.com puts www.Anti-CAIR-net.org at 1.5 millionth most viewed. CAIR’s website, in contrast, is at 150,000th. This libel lawsuit will likely help Anti-CAIR in terms of website visitors, subscribers to its e-mail service, news coverage, and funding.
Did CAIR – a tactically clever organization – make an error here – perhaps Anti-CAIR’s constant criticisms caused it to react emotionally? Or has it made a calculating move too subtle for outsiders to discern? Answers should be forthcoming in the months ahead.
Posted by Robert at April 6, 2004 5:34 AM
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I feel perhaps that CAIR has "shot themselves in the foot", as they say.
I trust the readers of this site remember the recent lawsuit in either Australia or New Zealand in which Christians were sued for quoting violent, cruel Quranic suras and authenticated Hadiths, and pointing out that Islam has a violent set of beliefs. In the courtroom, a group of Muslims were eventually brought into to testify and read the verses in question, and the end result was an undeniable exposure of the very real dark side of Islam.
Now, if CAIR intends to bring this to court rather than simply forcing Mr. Whitehead off the Internet through barratry, isn't it conceivable that he would be given the opportunity to prove his accusations in a court of law, with an immutable public record? Wouldn't that record be enough proof for the FBI and other American agencies to act against CAIR?
Given the level to which CAIR has entrenched itself in American society, it's doubtful, but a faint hope is better than none. I hope Mr. Whitehead has a copy of the recent CAIR press release pertaining to Fallujah, in which they make no attempt to decry the brutal murder of American civilian personnel, only the "un-Islamic" mutilation that followed. If that isn't emblematic of their anti-American, exclusivist worldview, I don't know what is.
Posted by: Anonymous at April 6, 2004 8:19 AMAnon is quite correct. I have been following the OZ "Catch the Fire Ministries" case in great detail. Near as I can tell, it is a quasi-criminal prosecution for dissemination of hate speech, launched by Muslim plaintiffs against two Christian pastors.
The case is fascinating, as much for the State's willingness to prosecute as for the defendants' Witness Statement, sworn and filed by an Anglican theologian/linguist, the Rev. Mark Durie. I urge anyone interested to get onto the CtF website, and download Rev. Durie's Witness Statement (it is a ~60 page pdf). It is a damning indictment of Islam, and virtually entirely supports the pastors' verbal statements to a seminar.
Again, it makes one wonder as to why any islamic group would take the tactical risk of challenging a kufr in an open judicial forum. The defence is simple- cite the basic islamic texts in defence, and let the trier of fact make the appropriate (inevitable) conclusion.
BTW, thr CtF website advises that while the Court has risen, it may take some time for a judgment to issue. Assuming that the CtF Ministries is acquitted, at least in the Commonwealth jurisdictions the case will serve as a useful precedent to defend against invigorated Muslim groups attempting to stifle free speech.
Posted by: Earl at April 6, 2004 8:51 AMCAIR has just opened the can of worms that many have hoped they would, "the Discovery Process". They have made many statements that make their agenda perfectly clear.
I haven't seen anything from them that shows an effort to unite diverse communities. Although they have no trouble infesting schools and writing articles, quoting the Qur'an, and "accidently" leaving certain words and phrases out, to make it all sound so peaceful.
I found some transcripts online that involved a few of their members making compelling remarks, that truly are interesting. Just a few lines, but lines that give a more clear picture of them. What I've located has never been posted on Anti-CAIR, I've checked.
When was the last time CAIR ever did anything publicly to truly unite Muslims and the existing communities they reside in? Instead of realizing that Islam isn't flawless, they simply dismiss anyone that opposes their views as Islamophobic.
Phobia, Mr. Hooper is an unreasonable fear of something. Nobody fears you and CAIR. We just don't respect you. Hooper and company are in the glass house throwing stones.
I guess they're going to learn the hard way that the Media in this country isn't like the Media where the come from. The Media here reports what they hear and see, so it'd be wise to watch what you say and do. Too late gentlemen. Libel and defamation cannot be a reason for you to play the victim when much of what was said was of your own words. And don't worry about your reputaion, you've ruined that on your own.
As soon as the facts all come out, if the Government doesn't boot CAIR out of here, I believe Americans will. Just one person's opinion here, but isn't this nation about tired of this group talking to all of us like we're dumbasses, and constantly insulting our intelligence?
I've never met this Andrew Whitehead fellow, but he sounds like a prudent, American patriot to me. I guess since the discovery process will be a part of this ridiculous, frivolous lawsuit, we can gather all we can about our good buddies at CAIR and send it where it needs to go.
Posted by: D.C. Watson at April 6, 2004 9:27 AMDCW:
I generally agree with you, but note that the "main stream" media (WP, NYT, CNN, NPR) are populated by exactly those sorts of Islamist apologists that are now baying for Whitehead's blood.
The true reach and value of the internet in spreading ideas will likely prove to be the salvation of those of us who are attempting to mount a spirited defence to such CAIR-induced dissembling.
Posted by: Earl at April 6, 2004 9:45 AMAbsolutely follow Robert's link in first sentence, http://www.anti-cair-net.org/. The truth is out there, and its purveyors are growing in numbers and strength.
Posted by: Ilhad at April 6, 2004 9:52 AMI agree with you Earl....The mainstream media seems to be afraid of Islamists. They pander to them. We don't. And you're right. This day in age, the Internet is the appropriate avenue to take.
Whitehead's blood won't be spilled due to lack of effort on our part. CAIR is well past due for a lesson in respect for this nation, and the spineless need to be taught that CAIR's mission is determental to this country's well being.
All I can suggest is to find what we can find on CAIR, and forward it to the appropriate people.
Whitehead doesn't appear to have done anything but inform the public about CAIR, something mainstream media doesn't have the balls to do.
What I meant about our media is this, they will report what is said. As they have with CAIR. What they won't do is report what is being said or discovered about CAIR. I read a transcript of an interview one of CAIR's people had with Soledad Obrian, among other reporters.
After reading this piece, it demonstrated that there are still some correspondents that will confront groups like CAIR out there. They're just few and far between.
Therefore, I'm grateful to Frontpagemag.com, Jihad Watch, Worldnet Daily, Conservative Truth.org, and many others. And by the looks of Frontpagemag.com's counter, people are watching and listening.
Posted by: D.C. Watson at April 6, 2004 10:08 AMIf I am not mistaken, I think Andrew Whitehead is the son of John Whitehead of the Rutherford Institute at http://www.rutherford.org. And my take on Andrew is that he is certainly not a Zionist but he recognizes the threat Islamasists will have on our society. i.e. free speech rule of law via the constitution, freedom to assembly, separation of powers, etc. It certainly will rock the Christian foundations of our county much more that the liberal views have done already.
Posted by: Steve at April 6, 2004 10:54 AMBy the way, to any Islamist, Jihadists apologists that may read our posts today: Apology NOT accepted.
Posted by: D.C. Watson at April 6, 2004 12:12 PMCAIR probably thought that it was just one person running one website and they could make Andrew submit.
I hope CAIR gets a surprise when many known and reputable figures rally to Andrew's defense.
(Which is already happening it seems)
Andrew has only used CAIR's own words and actions against them.
If that becomes not allowed in the Unites States, then we are in big trouble.
This case will be about so much more than just the Anti-CAIR website, it is about free speech, truth trumping political correctness, and most of all saying NO to a dhimmi mentality in America.
I hope with all my heart that CAIR's own arrogance in bringing this lawsuit leads to their own downfall.
I hope Andrew sees this for the blessing in disguise that it is.
Actually, I know Mr. Whitehead probably doesn't feel the need to go through all of this legal process, but it may be the best thing to happen in order for CAIR to finally be exposed to mainstream media.
Maybe it would be a thought to send this article to all local newspapers. They most likely won't print anything, but they'll "know that we know."
Maybe it'd be a thought to e-mail this article or the one on FRONTPAGEMAG.COM to everyone we know and to our State Congress and Senate Representatives. Again, to let them know, that WE know.
D.C.
Posted by: D.C. Watson at April 6, 2004 2:10 PMI think Mr. Whitehead is probably jumping for joy because his goad worked. On the other hand, I've given up hoping that the mainstream press will ever take CAIR to task for their not-very-covert agenda. It seems whenever they need a muslim angle on this or that item they trot out that moron Hooper.
Posted by: Doug at April 6, 2004 3:23 PMCAIR has over-reached. They made the Aussie mistake and will pay for it.
Posted by: Helen at April 6, 2004 5:13 PMYou are right about the mainstream press. They are AFRAID of CAIR and the other well-funded, well-connected Islamists that have penetrated and infiltrated. It appears, folks, it up to us to do the down an dirty work to get the word out.
Posted by: epg at April 6, 2004 5:47 PMThanks for the web site of Anti-CAIR. I am goint there right NOW!!
MGM
I looked at the letter that Denton sent Mr. Whitehead. Next to the end: " ... or if you elect to publish this personal and confidential letter to any person. suit will be filed forthwith." I am tempted to ask if such a clause is legal, but I guess that "legal" is whatever you can get a judge to go along with.
And the end: "Govern yourself accordingly."
http://pview.findlaw.com/view/3255107_1?noconfirm=0 has a brief professional summary on Denton.
Did a google search on Denton. Found a LOT of material about his father, not much about him.
This puff piece is from a local Virginia website:
"Denton is an attorney, pilot, husband and father, former muskrat trapper and heir to a family tradition of refusing to back down from a challenge. Jerry Denton, who could have suffocated in the deep, broad shadow of his famous namesake and Vietnam-prisoner-of-war father, former U.S. Senator Jeremiah Denton Jr., is instead carrying on the family legacy of Denton vs. Goliath."
Like everyone here, I think that CAIR hoped they could intimidate Mr. Whitehead into silence. I also think that jury selection will be very interesting.
jay
Posted by: Jay Stevens at April 7, 2004 1:51 AManyone know about these clowns?
Posted by: ldt at April 7, 2004 7:19 AMSince CAIR stands a chance of backing out of this ridiculous farce of a lawsuit. Mr. Whitehead should counter sue them for defamation so that they can't back away from this and will have to face the consequenses of their methods.
When we go fishing, it is senseless to throw the line out without a hook on the end.
Posted by: D.C. Watson at April 7, 2004 9:37 AMAnything to incite friction I guess: This was just pulled from CAIR's website. These American loving Muslims (UH HUH) will post something like this in a subtle fashion to inform any Muslim dumb enough to follow them, making sure they mention that women and children were killed.
American Muslim News Briefs
Tuesday, April 06, 2004
26 Iraqis die in U.S. strike on Fallujah
U.S. warplanes firing rockets destroyed four houses in the besieged city of Fallujah late Tuesday, witnesses said. A doctor said 26 Iraqis, including women and children, were killed and 30 wounded in the strike.
U.S. Marines have been battling Iraqi guerrillas since Monday in a siege aimed at putting down Iraqi guerrillas in Fallujah, one of their main strongholds…


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