A CALL TO ARMS (PART I)
Once again CAIR is back in the news. This time it is supporting the just-commenced lawsuit by the “flying imams” against US Airways. In essence, the action contends that the airline violated the imams’ rights by bouncing them off a flight because of their seemingly threatening conduct.
This lawsuit is yet another move in the national security chess game by which CAIR, using the threat of lawsuits and actually suing, intends to silence all those in the United States who oppose the Islamic agenda for America.
Wrapping itself in the flag, invoking the Constitution, and hiding beneath its veneer of a self-styled “civil liberties” organization—modeled on its anti-American mentor and template, the American Civil Liberties Union—CAIR is the preeminent domestic mailed fist of Islam in the velvet glove of purported civil liberties.
Whatever its other activities, CAIR is using the American legal system to intimidate the exercise of free speech, to undermine our homeland defense, and to advance Muslim cultural infiltration of our domestic institutions by seeking special dispensations concerning dress, national holidays, educational textbooks, the content of books, movies, and television, and more.
In addition to its incessant intimidating complaints about the alleged violation of “Muslim Civil Liberties,” CAIR sued the website Anti-CAIR for $1.35 million for “libelous defamation.” It went after a congressman because of a statement he made to a reporter that the organization was supporting a fund-raising arm of a foreign terrorist organization. The CAIR-supported Global Relief Foundation, Inc., sued media defendants for reporting that GRF was a target of a federal investigation into funding for terrorism.
CAIR sued even the Attorney General of the United States and the Director of the Federal Bureau of Investigation, challenging the constitutionality of a Patriot Act document production section. It allowed the FBI to apply to the Federal Intelligence Surveillance Court “for an order requiring the production of any tangible things (including books, records, papers, documents, or other items) for an investigation to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution.”
Making common cause with the American Civil Liberties Union and other organizations that allegedly conducted regular international telephone and internet communications, CAIR sued the government in a challenge to the National Security Agency's formerly secret program for warrantless interception of international telephone and internet communications.
CAIR and others sued the Department of Justice seeking information about people who had been detained in connection with the government’s investigation of the September 11, 2001 attacks, and the organization filed a friend-of-the-court brief in a civil case involving a body’s disinterment from a cemetery because, it claimed, the trial judge failed to consider the Islam religion’s bar on disinterment of dead bodies.
In one of its most successful notorious intimidations, CAIR forced Fox TV to insert a mollifying pro-Muslim statement by actor Kiefer Sutherland as a preface to an episode of its patriotic, anti-terrorist hit show “24.”
It’s obvious that CAIR, with its national headquarters in Washington, 32 offices nationwide and in Canada, national conferences, professional publicists, slick annual reports, and a formidable litigation operation, is receiving substantial financial support from sources that share its agenda of intimidating Americans’ exercise of speech critical of Islam, weakening our homeland defense, and infiltrating our culture.
The considerable funding for CAIR and its dogged determination to push its “Muslim Civil Liberties” agenda to the limit raises the question of how the organization’s well-financed intimidation and litigation operation can be fought, as it must be.
When CAIR first began its program of intimidation and litigation, I proposed that it be countered with a non-profit 501(c)(3) entity that could raise tax-deductible contributions for the sole purpose of fighting CAIR in court.
Except for a few lawyers who welcomed the idea and volunteered to help, there was no interest.
My decades-long experience as a practicing constitutional and appellate lawyer told me then, and tells me now, that the necessary anti-CAIR, pro-America legal talent is available—and much of it is probably available on a pro bono basis
Why, then, hasn’t this happened?
There are at least two main reasons.
One is simple ignorance. Individuals and organizations that possess the ability to support such an undertaking apparently don’t realize the threat CAIR poses as it uses the American legal system to intimidate the exercise of free speech, to undermine our homeland defense, and to advance Muslim cultural infiltration of our domestic institutions by seeking special dispensations concerning dress, national holidays, educational textbooks, the content of books, movies, television, and more.
The other reason is fear. So far, CAIR’s intimidation/litigation strategy has worked. I know personally individuals and organizations who reasonably calculate that anything they do openly to oppose CAIR will embroil them in a costly, unpredictable legal system. They are, of course, correct.
That said, however, unless enough stalwart Americans — funders and lawyers alike —defend CAIR’s would-be victims, this self-styled “Muslim Civil Rights” organization will continue, unchallenged and successfully, to intimidate and litigate in pursuit of its Islamic agenda.
What CAIR is up to isn’t new, and even a brief look back at how the legal left has tried to
use the American legal system illustrates where the “Muslim Civil Rights” organization
For decades, the legal left tried to use the courts in furtherance of their pro-Communist and anti-American agenda. For example, a gaggle of Congressmen sued over the legality of providing military aid to El Salvador (Crockett v. Reagan). English ladies, joined by American Congressmen Ron Dellums and Ted Weiss, sued to enjoin the deployment of cruise missiles in the women’s town. (Greenham Women v. Reagan). Another group of legislators sued to declare the invasion of Grenada unconstitutional. (Conyers v. Reagan). Still other Congressmen sued to force President Reagan to file status reports under the War Powers Resolution. (Lowry v. Reagan). An “ordinary citizen” sued to block military action in Gulf War I. (Pietsch v. Bush). Traitors like Jane Fonda and Tom Hayden, who gave aid and comfort to the North Vietnamese Communists, were counseled by the legal left about how they could travel to Hanoi while avoiding prosecution. Regrettably, they succeeded.
Immediately after the attacks of September 11, 2001, the legal left morphed into a pro-terrorist, anti-American Fifth Column, and aimed their considerable firepower at our government’s attempts to defend America (The Encarta Dictionary defines “fifth column” as meaning “any group of people who give aid and support to the enemy from within their own country.” Those who do are called “fifth columnists.”)
The legal left has now been joined by CAIR’s formidable financing and its ability to purchase all the legal talent it needs to advance its goals. (Some lawyers have no conscience.)
Apart from the Department of Justice, in cases involving the government, who will oppose CAIR?
To be sure, there are some fine conservative and libertarian organizations that litigate on behalf of legitimate personal and property rights issues, among them Judicial Watch and the Institute for Justice. But they have their own defined portfolios, and none of them has the sole mission of fighting CAIR in the courts.
This, then, leaves us to paraphrase English King Henry II, speaking of Thomas Becket, Archbishop of Canterbury (“Who will rid me of this meddlesome priest?”): who will rid the American people of this metastasizing ersatz civil liberties organization, the Council on American-Islamic Relations?