In a stunning setback, the Council on American-Islamic Relations' defamation suit against Andrew Whitehead of Anti-CAIR has been dismissed with prejudice.

The Anti-CAIR website, www.anti-cair-net.org, reports a "mutually agreeable settlement," the terms of which are confidential. However, Whitehead notes that he issued no public apology to CAIR, made no retractions or corrections, and left the Anti-CAIR website unchanged, so that it continues to post the statements that triggered CAIR's suit. Specifically, CAIR had complained about Whitehead calling it a "terrorist supporting front organization … founded by Hamas supporters" that aims "to make radical Islam the dominant religion in the United States." It also objected to being described as "dedicated to the overthrow of the United States Constitution and the installation of an Islamic theocracy in America."

That clears the decks; no additional actions are pending between these two parties. In brief, Whitehead won a sweet victory, while CAIR suffered a humiliating defeat.

CAIR initially filed suit in a Virginia Circuit Court on March 31, 2004, claiming six of Whitehead's statements were false, that Whitehead made them "with knowledge of their falsity," and that the statements were actionable because "they impute the commission of a criminal offense." CAIR further claimed injury to its "standing and reputation throughout the United States and elsewhere," and sought $1 million in compensatory damages, $350,000 in punitive damages, plus legal fees and interest. It did so despite Whitehead's telling a reporter "I haven't got any [money]."

The original five statements as quoted in CAIR's complaint were:

• "Let their [sic] be no doubt that CAIR is a terrorist supporting front organization that is partially funded by terrorists, and that CAIR wishes nothing more than the implementation of Sharia law in America."
• CAIR is an "organization founded by Hamas supporters which seeks to overthrow Constitutional government in the United States and replace it with an Islamist theocracy using our own Constitution as protection."
• "ACAIR reminds our readers that CAIR was started by Hamas members and is supported by terrorist supporting individuals, groups and countries."
• "Why oppose CAIR? CAIR has proven links to, and was founded by, Islamic terrorists. CAIR is not in the United States to promote the civil rights of Muslims. CAIR is here to make radical Islam the dominant religion in the United States and convert our country into an Islamic theocracy along the lines of Iran. In addition, CAIR has managed, through the adroit manipulation of the popular media, to present itself as the ‘moderate' face of Islam in the United States. CAIR succeeded to the point that the majority of its members are not aware that CAIR actively supports terrorists and terrorist supporting groups and nations. In addition, CAIR receives direct funding from Islamic terrorists supporting countries."
• "CAIR is a fundamentalist organization dedicated to the overthrow of the United States Constitution and the installation of an Islamic theocracy in America."

In January 2005, Whitehead's counsel, Reed D. Rubinstein of Greenberg Traurig LLP's Washington, D.C. office, submitted 327 discovery requests of CAIR; I have posted this important, well-informed discovery document at http://www.danielpipes.org/rr/3511_1.pdf. Whitehead sought extensive information regarding CAIR's finances, its relationship to Hamas, its ties to Saudi Arabia, and ties to other Islamists.

Signs of CAIR's problems came in June 2005, when – perhaps realizing how much was available in the public record about its activities, perhaps wishing to curtail some of the discovery process – it amended its complaint by dropping nearly all of its original claims. The amended complaint alleged only two brief statements to be false and defamatory:

• "Let their [sic] be no doubt that CAIR is a terrorist supporting front organization."
• CAIR "seeks to overthrow constitutional government in the United States."

(For an analysis of this amended complaint, see Sharon Chadha and my article, "CAIR Founded by ‘Islamic Terrorists'?")

In anticipation of a court hearing regarding discovery, Rubinstein filed papers in the Virginia Circuit Court in October 2005 and December 2005 alleging extensive links between CAIR's organizers and control group with Hamas and other foreign and domestic Islamists. Among other things, these papers alleged:

• CAIR's lineage goes back to a key Hamas leader (Musa Abu Marzook), and that CAIR has long been connected with, and "exploited" the 9/11 attacks to raise money for the Holy Land Foundation, a Hamas front group.
• CAIR is heavily supported, financially and otherwise, by suspect Saudi and UAE-based individuals and groups.
• CAIR states that the U.S. judicial system has been "kidnapped by Israeli interests," and claims that anti-terror law enforcement action against the Holy Land Foundation was "an anti-Muslim witch hunt" promoted by "the pro-Israel lobby in America."

CAIR refused to respond to Anti-CAIR's discovery requests in its November 2005 response to Rubinstein. For example, it did not admit that Hamas murders innocent civilians, it refused to disclose the identities of its Saudi donors, it declined to answer whether it aims to convert American Christians to Islam, and it avoided questions about the anti-Semitic and anti-American activities of its founder and executive director, Nihad Awad, including his communications with Hamas terrorists, speeches supporting suicide bombings, and advocacy of violence against Jews...