It is standard practice in every lawsuit filed, to file a written challenge to the case at the very beginning. In some states this is called a demurrer. In federal court it is a Rule 12 motion.
This is as standard, normal and expected as when you go to a federal courthouse they make you go through a metal detector.
You are not going through the metal detector because you did anything wrong. You are going through the metal detector because nuts and terrorists commit crimes and all of us need to be screened.
This screening process eliminates lawsuits that have no merit as well as lawsuits that have merit but need to be rewritten to more clearly state a legal injury that the courts can address.
Your case is completely valid. CAIR has admitted that their 9/11 website linked to the Holy Land Foundation which our government has labeled a terror group affiliated organization.
CAIR has been served in Texas and they have not responded. We will take their default the first week of February.
CAIR in DC is hiding from us and claiming different names. We have them listed as the Council on American Islamic Relations Action Network which they first denied existed and then amended their answer and admitted that this name existed. Look at the abbreviation: CAIRAN Pronounce that Michael. "CAIRAN"
Now they want to distance themselves from that name.
Remember that in 1993 they had the famous meeting in Philadelphia where they decided to set up an Islamic group with an American face. They agreed that when the spoke about Hamas they would reverse the letters and use the name "Samah".
It is this path from Hamas to CAIR that your lawsuit traces. Their attempt to throw punches at you will continue until they are knocked out. This case is a boxing match, it is a fair fight. We get to punch and so do they. The best "man" will win.
From a technical point of view, here is what can happen on their motion.
A. The lawsuit remains entirely.
B. The judge says that the lawsuit is valid but certain modifications must be made. The judge then lets you keep the lawsuit valid but make modifications. (The judge may ask us to add more detail to our pleadings.)
C. In almost no case does the lawsuit get thrown out.
Only cases which can never win get thrown out. (These are cases which are not valid "AS A MATTER OF LAW"). If we sued CAIR because CAIR respectfully disagreed with your opinions, we would lose. That is protected by the 1st Amendment. A lawsuit of that type would get thrown out right away.
Our lawsuit cannot be decided on the law alone. The facts must first be determined by a jury. If they are as we contend, a foreign agent serving Hamas and tied to terror, our lawsuit will succeed. If they are a nice bunch of kind hearted people who are doing their best to create peace, love and world unity then the jury walk into the courtroom singing Kumbaya and CAIR will continue merrily on its way toward world peace.
None of this can be determined at this early stage of the case. Bottom line, this is the first round of a 15 round fight. Everyone gets to punch in the first round.
Back to work !
Daniel
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