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Michigan: Federal judge quashes Hamas-linked CAIR subpoenas harassing opponents of mosque

Jul 5, 2014 5:05 am By Robert Spencer

ibrahim-hooper-mahdi-bray-nihad-awad-2009-12-10-10-10-18The thugs at the Hamas-linked Council on American-Islamic Relations (CAIR) suffer another setback. They will, however, never give up in their quest to destroy every American who stands between them and their goals. They relentlessly smear every foe of jihad terror and unapologetically attempt to intimidate Americans into thinking that there is something wrong with opposing jihad violence and Islamic supremacism.

“Victory Against ‘Civilization Jihad’ – Federal Judge Grants AFLC’s Motion to ‘Quash’ CAIR’s Harassing Subpoenas,” American Freedom Law Center, July 4, 2014:

Today, a Michigan federal judge granted a motion filed by the American Freedom Law Center (AFLC) requesting that the court “quash” harassing and burdensome subpoenas issued by the Council on American-Islamic Relations (CAIR) to Ms. Zaba Davis, a private citizen who received the subpoenas because she publicly expressed her opposition to the construction of an Islamic center in her neighborhood.  And in a rare move, the judge also awarded AFLC its attorneys’ fees and costs for having to bring the motion.  Read the judge’s ruling here.

In 2012, the Muslim Community Association of Ann Arbor (MCA) requested that Pittsfield Township, Michigan, rezone a parcel of land to build an Islamic School and community center.  The Township denied the request, citing infrastructure and traffic concerns.  Nevertheless, CAIR, which bills itself as “America’s largest Muslim civil liberties and advocacy organization” but is widely known in government circles as a Muslim Brotherhood front group, filed a federal civil rights lawsuit against the Township on behalf of the MCA, alleging that township officials denied the MCA’s rezoning application out of discrimination against Muslims.

According to David Yerushalmi, Co-Founder and Senior Counsel of AFLC, CAIR files these types of lawsuits against municipalities all across the country

“in order to further the Muslim Brotherhood’s stated goal of engaging in ‘civilization jihad,’ which the Brotherhood expressly claims will ‘destroy Western civilization from within.’”

The MCA’s rezoning request was opposed by a group of Township residents who live in the neighborhood of the proposed development.  The residents expressed concerns about the traffic congestion that would be caused by the construction of a school and community center in their neighborhood.  Pursuant to their rights protected by the First Amendment, these private citizens circulated and submitted to their elected Township officials a petition expressing their opposition to the rezoning and several of them spoke out at public hearings held by the Township to discuss the matter.

As a result of the citizens’ involvement, CAIR served harassing subpoenas on a number of these citizens, demanding that they produce private emails and other documents, and in some cases, appear for a deposition.  In one instance, Township resident Zaba Davis and her husband came home to find several papers jammed in the crack of the front door of their home.  The papers included subpoenas demanding the production of personal emails and other documents and a subpoena commanding Ms. Davis to appear at a deposition.

In response to CAIR’s abusive discovery requests, AFLC, which is representing seven of the targeted private citizens, filed a motion to “quash” and for a protective order against CAIR.  The court granted the motion today, ruling that the subpoenas violated the First Amendment and caused undue burden.  According to the court’s ruling:

[CAIR] contends that its sole interest in deposing Davis stems from a genuine belief that she has what it believes to be relevant information, and not from any personal malice against her for her public opposition to the school.  This argument fails for a few reasons.  First, . . . the Court finds unpersuasive [CAIR’s] relevance argument.  Second, for the reasons noted in the preceding paragraphs, to the extent information possessed by Davis is relevant, that relevance is far outweighed by the chilling effect that allowing the subpoenas would have on speech, not only for Davis, but for all others who wish to be involved in public discourse on matters of public concern.

Robert Muise, AFLC Co-Founder and Senior Counsel, commented:

“Private citizens have a fundamental First Amendment right to publicly express to their elected officials their personal views.  CAIR’s ruthless attacks demonstrate that its objectives are dangerously at odds with the Constitution.  Consequently, this ruling was important not only for our clients, but for all private citizens who want to speak out against CAIR.”

Yerushalmi concluded:

“This ruling represents a significant victory against the ‘civilizational jihad’ that is being waged within our borders by sharia-adherent Islamists.  This case is another example of CAIR trying to abuse the legal system to persecute its enemies.  And once again, the American Freedom Law Center has stood in the way.  Moreover, by awarding us attorneys’ fees and costs, this ruling is not only a victory, but it is a victory with a stick.”

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Filed Under: CAIR, free speech, Jihadist intimidation and thuggery Tagged With: featured


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Comments

  1. John Bucko says

    Jul 5, 2014 at 5:24 am

    Well it is about time. It is also time that Islam is declared, as a political organization with a religious front, an organization that is backward to US Law attempting to take US civil right back to before Slavery, back to be for e the Declaration of independence and indeed back to the middle ages in it Laws and precepts it attempts and intends to impose on the US, in violation of the Constitution. We may not be able to deport 12,000,000 Illegal aliens , but we should be able to deport several hundred thousand Islamist for un-American activities and civil rights violations

    • berkan says

      Jul 6, 2014 at 12:22 pm

      It started with Mo murdering by his own bloody hands! False Prophet! Cult of Hate!

  2. jihad3tracker says

    Jul 5, 2014 at 5:31 am

    I usually begin remarks about JW blog posts related to CAIR with a heartfelt hello to Muhammad’s brothers-in-slaughter — because they read every word here on Mr. Spencer’s site.

    A thought occurred to me about this ruling : we can think of it as the “Caliphate Effect”.

    Al-Baghdadi’s stolen bases and home runs are getting the attention of sports fans on the federal bench. As his batting average climbs toward perfect the situation is only going to get worse for traitors.

    Maybe the words of Fred C. Dobbs ( Treasure of Sierra Madre / Humphrey Bogart ) will cheer up Ibrahim Hooper and Nihad Awad : “My mother said you’ve got to learn to swallow disappointments in this sad life.”

  3. Buraq says

    Jul 5, 2014 at 6:09 am

    A CAIRfree world would be a carefree world!

    Clowns!

    • el-cid says

      Jul 6, 2014 at 8:51 am

      Very good, Buraq.

      How about “A world free of CAIR is a carefree world”

      There’s a slogan that will stick to their ribs!

  4. Jaladhi says

    Jul 5, 2014 at 7:21 am

    The tactics of CAIR are another form of terrorism inflicted by Muslims on non-Muslim society – terrorize them with their own laws. They don’t expect to succeed all the time , just once in a while is enough and they have succeeded in preventing non-Muslims from telling the truth about them.

    This is stealth terrorism by Muslims in this country or in all non-Muslim countries!!

    • BT says

      Jul 6, 2014 at 7:04 pm

      Instead of appreciating the freedom they enjoy, they abuse it.

  5. Reality Check says

    Jul 5, 2014 at 9:34 am

    GOOD JUDGE! CAIR must be pissing gas with anger right now!

  6. Ralph says

    Jul 5, 2014 at 9:57 am

    I have a Better Deal for these Sorry Muslim’s; Pack Your Bags And Get OFF American Property Or Be Buried 6ft Under.

  7. John C. Barile says

    Jul 5, 2014 at 11:47 am

    This court action very heartening; that CAIR tries this dispicably vindictive tactic is an absolute outrage. Yet we can be sure they won’t desist from this repugnant lawfare, this systemic jihad.

  8. John C. Barile says

    Jul 5, 2014 at 11:47 am

    This court action very heartening; that CAIR tries this despicably vindictive tactic is an absolute outrage. Yet we can be sure they won’t desist from this repugnant lawfare, this systemic jihad.

    • Jerry says

      Jul 5, 2014 at 3:00 pm

      I would have no problem with the rezoning as soon as the first Christian Church, Jewish Synagogue and Hindu Ashram are built, completed, opened freely to the public and fully allowed to operate in both Mecca and Medinah!

    • BT says

      Jul 6, 2014 at 7:09 pm

      Stand up and fight before you lose your rights. This is a message to all Americans.

  9. Mirren10 says

    Jul 5, 2014 at 2:11 pm

    Hooray, for once these sly thugs have egg on their faces. May this be just one of *many* decisions in their disfavour.

  10. Jay Boo says

    Jul 5, 2014 at 7:30 pm

    The got caught but their vultures will again return to feed on their rotten lies.

    At the first sign of CAIR indignation
    Liberals rush to bow their heads and turn into groveling vultures.
    See them pose on a PC perch; hear them sing…
    “dhimmi dhimmi dum, dhimmi dhimmi doo doo.”
    A nest of appeasement cannot talk.
    It chirps– chirping “… As-for-Islam / I-like-kum, too.”

  11. Angemon says

    Jul 6, 2014 at 5:38 am

    Beaten at they own lawfare… That’s gotta hurt 🙂

  12. el-cid says

    Jul 6, 2014 at 9:11 am

    This is a very positive first step. The Court recognizes that First Amendment rights are intended in particular to protect the right to public discourse ABOUT government and governing. That is the essence of the law.

    Unfortunately, the cost recovery will require more process where CAIR can make it so painful as to make other people afraid to oppose them in future, or at least think twice. That is very bad.

    It is essential that this matter get wide public attention. The key point is that the citizens here were NOT members of the government, just private citizens voicing their personal opinions. They were attacked using Lawfare.

  13. southeuropean says

    Jul 6, 2014 at 2:57 pm

    Reza Aslan right now,in live on Booktv. Will someone oppose this hollywood actor and ummah mercenary?

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