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CAIR Sues 'Muslim Mafia' Author Over Property Lifted By Undercover Intern

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The Council on American-Islamic Relations has sued the author of Muslim Mafia, a book that sparked calls by four House Republicans for an investigation into intern spies, seeking the return of documents taken by the author's son while he was posing as a Muslim and interning at CAIR's Washington office.

The suit alleges that Chris Gaubatz, son of book co-author Dave Gaubatz, took over 12,000 documents along with electronic information when he was posing as convert Dave Marshall in 2008. It quotes the book itself, which says Gaubatz routinely loaded the trunk of his car with the files.

Politico's Josh Gerstein reports:

Legal filings in the case also indicate that CAIR routinely required interns to sign non-disclosure agreements. However, CAIR officials say the agreement David Gaubatz signed disappeared from their office.

The suit alleges conversion, breach of fiduciary duty, breach of contract, trespass, violation of the Electronic Communications Privacy Act.

CAIR spokesman Ibrahim Hooper tells TPMmuckraker that the suit, filed in federal court in Washington, is "very narrowly defined" and "does not preclude action on any broader issues," which is still under consideration.

The judge in the case ordered Dave and Chris Gaubatz to appear in court today, but Hooper says they did not show. Dave Gaubatz told Politico he had not been served with a subpoena, and had not seen the suit.

When asked about the charge that he stole documents, Chris Gaubatz previously told TPMmuckraker: "I was preserving evidence that CAIR asked me to destroy."

CAIR's suit, which can be read in full below, also asks that the court bar the defendants from publishing the documents taken by Gaubatz.

CAIR Sues 'Muslim Mafia' Author Over Property Lifted By Undercover Intern

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4 comments

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November 2, 2009 3:24 PM   

How was the kid that lifted the documents not charged with a crime by the police?

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November 2, 2009 3:35 PM    in reply to Seafarer

CAIR did file a complaint with the DC police. But I haven't heard any response from the police yet.

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November 2, 2009 3:56 PM    in reply to Justin Elliott

You should do a separate story on that. Theft is theft; employees and volunteers at corporations and groups as diverse as McDonalds and IBM have had employees arrested for less than what was apparently claimed here (in a published book, no less!).

If the police with jurisdictional authority don't take action to a crime detailed in writing, within the statutes of limitations, something is going on.

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November 3, 2009 9:27 AM   

I don't know the particulars of this story, so forgive me if I'm siding with the "bad guy", but my stance in general is that "information wants to be free". Sure, there are exceptions to that rule, but I'm not seeing evidence yet that this is an exception. Both sides have reason to lie in this case, but if the son is telling the truth that he was asked to destroy the evidence, I'm not sure it can be considered theft. (IANAL and all that.)

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