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Friday, November 20, 2009
Another Legal Debacle For WND? Author Agrees to Return Purloined CAIR Documents
Topic: WorldNetDaily

Well, it looks like we can stop sending money to WorldNetDaily's legal defense fund.

Talking Points Memo reports that David Gaubatz, co-author of the WND-published, CAIR-bashing book "Muslim Mafia," has apparently agreed to a draft consent order in which he will return all documents and recordings obtained during the time at CAIR spent by Gaubatz's son, who stole the documents while working undercover as an intern. Gaubatz is also enjoined from publishing or otherwise disclosing any of the purloined documents and ordered to pull down any of the documents on blogs or websites he controls.

Poltico reports that Gaubatz's lawyer, Martin Garbus, says Gaubatz will continue to fight the lawsuit even though the legal team concluded it was better not to fight about the preliminary injunction.

WND has been soliciting for its legal defense fund regarding Gaubatz's book on the premise that CAIR material was legally obtained and, in the words of Joseph Farah, "done on advice of counsel at every step, and were in accordance with District of Columbia and Virginia state law." But as we've detailed, WND has not named the attorneys who advised it regarding "Muslim Mafia," nor has it publicly detailed the legal precedents upon which WND's claim that the documents are not stolen rests. WND has also refused to disclose the organization that Gaubatz says funded his investigation.

The court order Gaubatz is apparently agreeing to may also be a tacit admission that Gaubatz's son was violating the confidentiality and nondisclosure agreement he signed when he became employed at CAIR. While CAIR has claimed its can't find a copy of the signed agreement, Gaubatz's son has not denied signing one.

This is shaping up to be another legal debacle for WND. As we documented, WND fought a libel lawsuit filed against it by Al Gore associate Clark Jones for seven years before abrupting settling it just before it was to go to trial, admitting it published false claims about Jones.

Posted by Terry K. at 10:47 AM EST

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