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Predatory
Lawsuit Rebounds Back on Iranian Front Group
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Seeking to
"hit him hard," the National Iranian American Council (NIAC) and
acting president Trita Parsi brought a frivolous defamation lawsuit against
a critic. Now they face a $183,480.09 fine to his legal defense.
On April 8th D.C. District Court Judge John D. Bates ordered
this huge penalty because of the abuses which NIAC and Parsi's perpetrated
for over two years during discovery (pre-trial phase where parties exchange
evidence) in their nuisance suit brought against Hassan Daioleslam, an
Iranian immigrant and editor of the Iranian
American Forum.Mr. Daioleslam's 2007 writings had exposed NIAC and Parsi's illicit public relation campaign on behalf of Tehran. In April, 2008 Parsi and NIAC filed Trita Parsi and National Iranian American Council v. Seid Hassan Daioleslam against Mr. Daioleslam. In their defamation suit, Parsi and NIAC alleged that Mr. Daioleslam's investigative research and writings portrayed them in a false light.
The Legal Project, an activity of the Middle East Forum which works to protect the right in the West to freely discuss Islamist terrorism and other related issues, coordinated Mr. Daioleslam's pro bono representation by Sidley Austin LLP. Leading Mr. Daioleslam's defense, Senior Litigation Partner Timothy Kapshandy requested an array of documents and schedules from NIAC and Parsi to establish that Mr. Daioleslam's work was merited. This phase of the litigation lasted over two years and was delayed by Parsi and other NIAC staff's deliberate abuses.
These abuses include:
- Withholding 4,159
calendar appointments from production, including 999 entries that had
been deleted and 715 entries that had been double-deleted from their
server. The deleted entries included meetings with Iranian U.N.
officials.
- Altering internal
records by NIAC employee Patrick Disney changing at least 82 references
in his calendar from the word "lobbying" to "legislative
direct."
- Withholding 5500
emails to and from Babak Talebi, "NIAC's cofounder and
erstwhile director of community outreach." NIAC claimed that
these emails did not contain any of the agreed upon search terms, which
Judge Bates found "was
not true."
- Failing to include relevant computers and a shared
server from production. This was only discovered due to a forensic
sweep conducted by Mr. Daioleslam's defense.
- Parsi misrepresenting when
he used a NIAC desktop from early 2009 to 2010 and failing to explain "what
computer he was using during that time."
- Parsi claiming that his laptop was stolen in a hotel
in Norway in March 2010 without ever being backed up. Not backing
up the computer was negligent and sanctionable under the court's
discovery obligations. Yet Parsi also claimed that the hotel immediately
replaced his computer which Mr. Kapshandy argued "win[s]
the world championship of hotel service."
- Withholding emails from Mr. Daioleslam's defense
which NIAC and Parsi showed their own experts: As Judge
Bates chastised NIAC:
NIAC and Parsi's defeat follows a heartening trend of these predatory lawsuits financially costing the abuser. In 2006, the Council of Islamic Relations not only had its defamation suit against Andrew Whitehead dismissed with prejudice, but also reached a "mutually agreeable settlement" in Mr. Whitehead's favor. In 2007, Riad Elsolh Hamad's frivolous defamation suit against Daniel Pipes was dismissed and Hamad was ordered to pay Mr. Pipes' legal costs.
These cases should all stand as warnings to Islamists seeking to abuse the legal system as a sword and shield to silence their critics. The costs can be high for them.

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