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Waging Jihad Through the American Courts
March 31, 2010 | 18 comments
Feature
A Palestinian in Texas
My legal battle with a suicidal maniac provides a case study for Islamist attempts at speech suppression.
(Page 2 of 5)
What is the PCWF? The Israeli organization NGO Monitor analyzed it in 2003 and found its primary mission to be “propagating the delegitimization of Israel.” As a 2007 summary by NGO Monitor put it, “Gaza-based PCWF openly exploits children’s issues for radical politicized agendas that promote the conflict. These activities are entirely inconsistent with its claims to be a humanitarian organization.” By way of example, NGO Monitor tells about a PCWF children’s drawing contest:
The judges rewarded, almost without exception, entries that featured fierce and violent hatred of Israel. The winning picture features a fire, in the shape of a map of Israel and the Palestinian Authority, consuming the Star of David with the word “Israel” written inside the flag. Another entry depicted a Palestinian flag dropping flames on an Israeli flag and burning Israelis standing next to it. Such activities serve only to advance a culture of violence and hatred.
The Lawsuit
HAMAD MIGHT HAVE BEEN A PRO SE plaintiff, but I could not take the chance of being a pro se defendant and so turned for representation to a law office that specializes in defamation issues. We responded to Hamad with a motion to dismiss on June 29, 2006, citing three grounds:
First, this Court lacks personal jurisdiction over Pipes and MEF. Neither Pennsylvania defendant has had any contact with Texas that would establish either general or specific jurisdiction.
Second, even if the Court had jurisdiction, plaintiff himself admits that his defamation claim is barred by the one-year statute of limitations because any alleged publication occurred “as late as July 2004.”
Third, plaintiff has not pled facts sufficient to allege that Pipes and MEF published any defamatory statements about him. Indeed, he cannot do so: Neither defendant has ever written a word about him or engaged in any action that would justify plaintiff’s hauling them into a Texas court.
My motion also noted that Hamad was a pro se plaintiff with a history of filing what one judgment against him (Hamad v. Austin Community College) called “patently frivolous” litigation efforts that “repeatedly abuse the legal system.”
Three days before this motion to dismiss, Judge Sam Sparks of the Western District of Texas had already dismissed with prejudice Hamad’s case against David Horowitz. On July 25, he dismissed the case against me and later awarded me court costs. For good measure, Sparks called Hamad a litigant with “a history in this Court of filing lawsuits without merit for the purpose of harassment and making outrageous allegations.”
Undaunted by his failure to gain any legal traction, Hamad appealed. This prompted Judge Sparks to issue an even more vehement order on September 6 in which he characterized Hamad’s complaints as espousing “no legal theory for which recovery can be made against any of the multitude of defendants sued in this case” and dismissed his pleadings on the grounds that they were “not filed for any purpose and simply harass and cause unnecessary delay or needless increase in the cost of litigation.” Sparks again granted my motion to dismiss, agreeing with all three of my claims. He also ordered Hamad to pay me a $1,000 penalty.
For a second time, Hamad responded belligerently, this time going public with his claims against us defendants. Talk about libel! He announced to the world on September 14 (including in a comment sent to the Campus Watch website) that we
are engaged in criminal activities and fraud upon the public by collecting donations amounting to tens of millions of dollars. The donations are being used to fund illegal activities in the United States and Israel and with the knowledge of the government of the United States and the judicial branch.
Four days later, Hamad sent out an appeal to his mailing list, stating that “closely linked” websites “are using false information and collection donations…to attack and discredit Arabs, Muslims” and asking for at least 1,000 people to call the office for Internet crimes belonging to the attorney general of Illinois.
Encouraged by the court’s attitude toward Hamad, I requested on October 6 that he be compelled to pay my court costs. On January 17, 2007, Judge Sparks delivered his final judgment and granted my request for fees totaling $12,915. Sparks made clear his intense irritation with Hamad:
Plaintiff Riad Elsolh Hamad first filed this wholly frivolous claim on April 13, 2006. Since that time, his “Petition” has gone through five revisions. None of the five Amended Petitions was authorized by the Federal Rules or leave of this Court, and not one version of Hamad’s complaint states any claim for which relief can be granted under any law of the United States or the State of Texas against any defendant. The Court dismissed Hamad’s complaint with prejudice in its second incarnation in an Order dated June 26, 2006. Nevertheless, Hamad has continued to file Amended Petitions presenting claims for relief identical to the ones dismissed in the Second Amended Petition. Each Amended Petition merely drags yet another group of defendants into the same unintelligible morass of vitriolic accusations for which no basis in law has ever been established. Moreover, Hamad continues to name dismissed parties as defendants in his repetitive pleadings.
About the Author
Daniel Pipes is a columnist for the Jerusalem Post, director of the Middle East Forum, and Taube distinguished visiting fellow at the Hoover Institution of Stanford University.
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John786| 11.9.12 @ 6:39AM
Another story to fuel Islamophobia. Its been only a few days since we had electoral armegedon. Give it a rest guys.
JD| 11.9.12 @ 11:42AM
Truth is truth.
This guy was personally put through a lot of pain by a bad man, and the media isn't reporting the truth, so he took it upon himself. I'm sorry the truth doesn't fit your political agenda, but that's your problem.
Jack in Wi| 11.9.12 @ 7:37AM
What a pile of crap. Daniel Pipes, Kristol, Wolfowitz, Perle, Podoretz can take all their race baiting an warmongering somewhere else. They cost the Republicans the election. People are sick of Israel, war, and warmongers. You can all go to hell. 70% of Jews voted for Obama and gave him huge funds in his re-election. Republicans get nothing from endless backing of the most extreme elements in the Jewish community. Pipes and his gang are a cancer on the country but most of all in the Republican party.
Alej| 11.9.12 @ 8:58AM
"Republicans get nothing from endless backing of the most extreme elements in the black community."
Fixed it for you.
You are sick of Israel. I am sick of you. Neither will go away, I suppose.
Haven't yet figured out that
A) Israel is the only outpost of democracy/freedom in the sewer that is Muslim territory, and may soon be a necessary base for actions that Western civilization will be forced by muslims to take, and that
B) American Jews for the most part don't give a rat's ass about Israel, America, or anything but their own bank accounts ?
Jack in Wi| 11.9.12 @ 12:14PM
Israel is a facist, racist state run by money lauderers, pimps, thieves and murderers. It was founded by atheists, socialists, and communists. It does nothing but cause trouble for us. The Republican Party gets nothing from its idiotic backing of Israel since 2000. Before that Republicans were wary of Israel and kept their distance. Eisenhower, Nixon, Reagan, and old man Bush didn't want to get involved with them to any extent. G W Bush, Cheney, McCain, Romney got nothing but trouble with their slavish devotion to this mess of a country. It is time to give the USA our attention and let Israel fend for itself. It is not worth one drop of American blood or one American dollar.
Rhoetus| 11.11.12 @ 5:47PM
How do you really feel Jack in Wi? WOW [This just in] A majority of American Jewish voters voted for the Democratic Party. Wow, who woulda thunk it?
jothepro| 11.9.12 @ 9:54AM
What a pile of crap you are Jack....
loulou| 11.9.12 @ 10:58AM
Jacksh*t in Wi is an angry little muslim-symp. Best to ignore him.
Gary B| 11.10.12 @ 3:27AM
I don't want to ignore him. Jack, would you have voted for Ron Paul, had he been a choice on the ballot? Are you a libertarian?
Tom Kyba| 11.9.12 @ 11:22AM
I have just read the last post of yours I will read Jack. I expect sick nut 786 to make a stupid comment, but I gave you some credit for having some principles despite your constant Jew-baiting. Enough!
I wish there was a way I could understand just how far some evil Islamic fundamentalist has to go before people like you open your eyes, but this knee-jerk reaction was the last straw. You are a sick anti-semite mental degenerate just like your comrade-in-hate 786. To hell with you sir. You and super-sicko 786 are the cancer on the entire human speciees. Once again, go to hell both of you.
John786| 11.9.12 @ 12:21PM
Tiny tim,
I don't hate anybody. These nonsensical stories only purpose is to spread hate against muslims and to close discussion down. In the ME I support a single state for all the people in historic Palestine. And I'm also willing to support a state on the 67 line. Occupation, murder and ethnic cleansing of Palestinians in the 21st century is no longer acceptable. The massive desecration of islamic heritage in palestine has to stop. In the heart of the Islamic world, an ideology, wants to snuff muslims out- as if we do not exist. This, can't work, will not work anymore. Zionism needs to move on. The US can have a positive role here. The right of all complectiins continues to demonise people. You can't win elections or influence the world by spreading hate.Demographics for the GOP & Israel are moving in the wrong direction. Time to evolve....
SCPOret| 11.9.12 @ 4:28PM
I guess you are not a student of history. When Israel was formed in 1949 the Jews wanted to live in peace with the arabs/muslim and co-inhabit the area. There was no such thing as a Palestinian at the time. The Arabs instead of accepting a peaceful solution instead attacked and killed jews and then fled to Jordan, Syria, Lebanon and other countries as refugees. They are still refugees because the various arabic nations would not accept them as brothers and they refused to return to Israel when it was offered. So read your history and you will find that the Israelis have offered peace many times but the arabs/muslims have refused it.
John786| 11.9.12 @ 8:14PM
History. I don't think we'll ever agree on history. The present situation for Israel is untenable. There are presently more Palestinian in the land controlled by Israel then Jews. That's Zionism f*****. You would have thought that Israel would jump at the chance of a settlement. But, zionism keeps sowing the seeds of its own destruction. It really is 67 or bust.
Ryan| 11.12.12 @ 8:34AM
When the Palestinians cease their tactics of randomly firing into Israel, placing military assets in civilian populations and buildings, reject the Protocols of the Elders (a known hoax) and other similar issues, then they can have a seat at the table.
They have made no moves to sue for peace in this matter.
MelvinNC| 11.9.12 @ 8:04AM
I remember observing the attack on the World Trade Center, pregnant women were jumping out of the skyscraper to their certain deaths to avoid the flesh searing heat from the burning jet fuel.
Those on the ground who witnessed this horror, described when these womens bodies hit the cold concrete sidewalk they're bellies burst forth and it sounded like popcorn popping.
These poor women were someones wife, daughter, or aunt. No human being should have to face a self imposed death like that.
I also remember many on the Left in a brief moment of sanity calling for vengeance against the Islamic religious fanatics who carried out this horror upon our society.
Now a Palestinian extremist off's himself and apparently trying to incite his sympathizers into further bloodshed against American, Zionist cabal.
He is lionized as a hero on the Left, but in reality Riad Hamad was a thief, and fraud deceiving those who he conned into his cause. Now the Left accuses Hamad of being a victim of the American, Jewish cabal sending agents out to off one little insignificant Palestinian thief.
I guess I should take some sort of solace in that the Left didn't accuse members of the Tea Party forming a Islamic assassination hit team.
Damn, just when I thought I could trust those Iowan farmers.
loulou| 11.9.12 @ 10:55AM
"Most Muslim immigrants are law-abiding and constructive citizens in the West."
Are you sure? Granted, when Muslims are an overwhelming MINORITY they tend to be law-abiding but to make a blanket statement like that...?
Tom Kyba| 11.9.12 @ 11:25AM
Loulou, I believe this is called the elephant in the room.
RCV| 11.9.12 @ 1:17PM
Thanks, Daniel, for this fascinating story. We are all better off that this vile human being took his own life.
Seek| 11.9.12 @ 3:29PM
The late Mr. Hamad qualifies as a pure sociopath. I shed no tears for his passing. His behavior is all too typical of Muslims in this country who refuse to assimilate. Even those who construct a facade of normality eventually reveal their true colors.
Rhoetus| 11.11.12 @ 5:49PM
SEEK: BHO is a psychopath and he's POTUS.