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Muslim Mafia Author Appears To Completely Fold In CAIR Lawsuit

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Muslim Mafia Co-Author David Gaubatz

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The author of the book Muslim Mafia, which was based on documents taken by the author's son while he was posing as a Muslim intern at the Council on American Islamic Relations, has agreed to return all documents and recordings obtained during the time at CAIR, according to a draft consent order filed in court yesterday.

The draft order, agreed to by attorneys for CAIR as well as for Dave Gaubatz and his son Chris, was filed along with a joint motion asking the judge to enter the order.

"We're glad that there's been an agreement to return all of the property that has been stolen from us," CAIR spokesman Ibrahim Hooper told TPMmuckraker this morning. CAIR says many thousands of pages of internal documents were taken. Now, Hooper said, "we'll move forward with our legal action," declining to specify what will come next.

Daniel Horowitz, one of Gaubatz's lawyers who earlier this month told us in an interview that he was relishing the chance to butt heads with CAIR, told TPMmuckraker this morning that he didn't negotiate the agreement. His colleague, the trial lawyer Martin Garbus, did not immediately return a call seeking comment about what happened in the case, and what, if anything, will come next.

Garbus told Politico, which first reported the news, that the Gaubatzs will continue to fight CAIR "in the context of the litigation," but not over the preliminary injunction.

Muslim Mafia, the foreword of which was written by Rep. Sue Myrick (R-NC), prompted Myrick and three House GOP colleagues to pursue a probe of possibly Muslim intern "spying" on Capitol Hill. Gaubatz has made many controversial statements, most recently making, and then retracting, a call for a backlash against Muslims after the Fort Hood shootings.

The order filed yesterday goes well beyond a judge's ruling earlier this month that Gaubatz had to return a narrower set of documents, including those that contain confidential employee information.

The full order is here.

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12 comments

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November 20, 2009 10:26 AM   

Is stealing now OK if the stolen property is returned if the thief is caught?

And, if the thief is not caught, he gets to keep whatever is stolen?

Why hasn't Chris Gaubitz been charged with theft? And Dave Gaubitz been charged with receiving stolen property?
.

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EH

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November 20, 2009 10:44 AM    in reply to Johann

Those may be included in, "Now, Hooper said, 'we'll move forward with our legal action,' declining to specify what will come next."

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November 20, 2009 11:17 AM    in reply to EH

These people need to be taken down by the rule of law they despise.

Get them out of the incompetent-ideologue-"investigative"-"journalist" racket.

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November 20, 2009 10:50 AM   

patience...all in due time. Let's see if CAIR is in the mood to prosecute. I wouldn't be surprised that, if CAIR chooses no prosecution once stolen docs are returned, the Gaubatzes may not see trial.
What I would expect to see then is that the perps are let go, since nobody was hurt in the crime, and if the victim wants to avoid a trial, who wants to try 2 yahoos who have Congressional connections?

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November 20, 2009 11:07 AM   

Actually, if a crime has been committed, I don't believe the prosecutor's office is barred from bringing charges on its own. All that is required is an arrest. The trial is then automatic. An arrest does not require a formal complaint if the investigators are aware a crime has been committed, and even if they're not aware, anyone can make them aware. Isn't that the case ?
As to the notion that no harm has been done. How does being robbed not constitute harm ?

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November 20, 2009 11:18 AM    in reply to rbe1

If a bank robber returns all the money, all is forgiven? He isn't arrested, charged, tried, convicted, and jailed?

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November 20, 2009 3:06 PM    in reply to JNagarya

I think it might technically be up to the local law enforcement, but I believe that usually the victims get to decide whether they'll press charges or not. Most banks would press charges, but many stores, for example, don't press charges if a shop-lifter returns what s/he stole.

Keep in mind I know virtually nothing about law.

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November 20, 2009 3:41 PM    in reply to Nebton

The state/gov't prosecutes criminal violations. Sometimes there's also a parallel private right of action of one kind or another -- wrongful death against the perpetrater, perhaps, sometimes a gov't entity is privately sueable for some form of negligence.

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November 20, 2009 7:18 PM    in reply to JNagarya

I assume by "state" you're referring to the word in it's general sense and not in the Virginia/Maryland sense, as I'm pretty sure that those types of states don't typically get involved in theft (i.e., it's usually the local law authorities). Of course, in this specific case, there might be reason for federal authorities to get involved. (I'm really arguing the generic, not the specifics. By most accounts, the authors don't deserve my arguments.)

That aside, yes, it's true that the authorities are the ones who decide to prosecute criminal violations (and that private citizens/groups can choose to file civil suits). However, in the case of theft, my general understanding is that there is often deference to the wishes of the victims. If a store doesn't want what they might consider to be bad publicity, for example, often the local authorities will not prosecute.

Whether this is how the law should be enforced is an entirely different discussion.

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November 20, 2009 11:34 PM    in reply to Nebton

If someone is mugged on the street of a city, against which there is likely an ordinance, the crime would likely be prosecuted municipally. If a crime occurred which violated state law, then the state would have jurisdiction, though it might be prosecuted, in state court, or at least under state law by the municipality in municipal court (if there is such) in which it occurred. I think of leaving the scene of a traffic accident: the law violated would likely be state, but the local PD would investigate, and it would probably be prosecuted by the county DA, especially if the person who left the scene crossed town/city lines.

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November 20, 2009 11:28 AM   

With luck, the stolen documents and their use in this "book" will come back to haunt Rupert Murdoch and his propagandists.

Sean Hannity...supporter of third-degree theft?

Why does FOX hate America so much?

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November 20, 2009 11:40 AM   

Didn't they publish some of those documents directly in the book? Now they're profiteering off of stolen property.

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