On May 2, 2012, AFLC Co-Founders and Senior Counsel Robert Muise and David Yerushalmi filed a motion and memorandum of law explaining to the court that the case, Council on American-Islamic Relations (CAIR) v. Paul David Gaubatz, et al., is ripe for the court to rule in favor of AFLC's client, the Center for Security Policy (CSP), against CAIR as a matter of law.
AFLC is defending the Center for Security Policy and several of its employees, who were sued by CAIR for conducting an undercover documentary designed to expose the Islamic organization's improper activities. In 2008, Dave Gaubatz, an experienced federal investigator, was hired as an independent contractor to assist with a field research documentary on which CSP was working. Dave Gaubatz trained his son, Chris, for the task of working undercover as an intern with CAIR. During the internship, Chris wore an audio-video recorder on his clothing to obtain recordings of the routine activities of an intern at the organization. At some point during Chris’s internship at CAIR, it became clear that a major fraud had taken place and that CAIR officials and employees were attempting to cover it up.
As a result, Dave Gaubatz subsequently published a book entitled, Muslim Mafia: Inside the Secret Underworld that's Conspiring to Islamize America, which was an expose on CAIR. Shortly after the book was published, CAIR filed a lawsuit in federal court in Washington, D.C. against Dave and Chris Gaubatz. CAIR then amended its lawsuit to add CSP and several of its employees. CAIR’s lawsuit alleges violations of various federal wiretap and hacking statutes as well as several common law torts, such as breach of fiduciary duty and trespass, among others.
AFLC has forcefully argued in its memorandum of law that CAIR has failed to provide any evidence to support its legal claims and has, in fact, demonstrated that it has no evidentiary support for these claims. Consequently, AFLC is requesting that the court permit the early filing of a motion for summary judgment since the case is ripe for dismissal. Read the motion and memorandum here.