1 post tagged “jurisdiction”
Remember how Saudi billionaire sponsor of Islamist terrorism Sheikh Khalid Bin Mahfouz sued American Rachel Ehrenfeld for writing the book “Funding Evil” which implicated him among others in financing Islamist terrorist networks?
For those that don’t know the story of Saudi Islamist bin Mahfouz, you make think big deal. Billionaires, Corporations and the rich and famous sue for defamation all the time.
Yes but you see in America bin Mahfouz has to provide the burden of proof he was defamed are libeled. Since bin Mahfouz is an Islamist, I have no doubt in mind he is guilty as the stench of sin permeating a brothel. Why do I think this? I think this because bin Mahfouz did not litigate in America where “Funding Evil” was published, rather he sued in Britain in which the book was NOT published but a handful of Brits bought it on the Internet.
In Britain libel and defamation is the burden of the defendant to prove his or her case is the truth.
So let’s smell the bin Mahfouz stench: he sued in Britain for a book that was not published there making an American citizen (not a British citizen) to come up with money in a foreign land to defend her book in a foreign court according to the laws of a foreign nation. Man that stinks!
If you don’t know the rest of the story, Ehrenfeld chose not to attend the stench wreaking ploy of bin Mahfouz because of money and her (and I agree) feeling the lack of jurisdiction of the British legal system over a book not published in Britain.
When Ehrenfeld did not show up in Britain, the Brit Judge adjudicated harshly in favor of the billionaire Islamist bin Mahfouz.
The repercussions of the Brit Judge did not only affect Ehrenfeld. It set of a tidal wave of Publishing House fear in America that anti-Islamist or anti-Jihadist literature could make the publisher a co-defendant in Courts of foreign lands where they actually do sell books. In effect bin Mahfouz snuffed good old fashioned American Freedom of Speech using foreign civil laws.
Ehrenfeld went to the State Court of which her Publishing House to seek legal protection from civil suits of foreign lands, viz. Britain in this case. The State Court in New York chose not to hear Ehrenfeld’s case citing a lack of jurisdiction outside of the State of New York.
The State Court’s decision was probably the correct decision even though it was disappointing. The disappointment being the British Court should have thrown out bin Mahfouz’s litigation for the same reason – the lack of jurisdiction. Then the case went to the New York State Appellate Court – same jurisdictional ruling. Fortunately the New York State Assembly and Senate woke up and introduced “Libel Terrorism Protection Act” (S.6687/A.9652).
A recent email from Act For America has informed me that the New York State Senate has done their part and unanimously passed the Libel Terrorism Protection Act.
Libel Terrorism Protection Bill Passed Unanimously by the New York Senate!
Dear John,
If you haven’t already heard, last week the Libel Terrorism Protection bill unanimously passed the New York State Senate. This is a significant victory in the process toward this bill becoming law.
As you may recall, the bill was introduced to protect New York authors and journalists from libel lawsuits filed in the courts of foreign jurisdictions. These lawsuits are typically intended to intimidate and silence reporting about terrorism and terrorist-related activities, and they are filed in courts of foreign jurisdictions where free speech and press is not protected to the degree it is here in the U.S.
We do not know how many of you called or emailed members of the New York Senate, but to all of you who did we say “thank you!” You helped make this happen!
We are presenting our Libel Terrorism Protection petition and its nearly 7,000 signees to the New York Assembly, where the bill is still under consideration, currently in the Judiciary Committee.
Yours in Defense of America,
Guy Rodgers
Executive Director
Now when the New York State Assembly does its job it will be Western Culture not only giving bin Mahfouz a black-eye, but all Islamists that routinely use Western litigation laws to undermine Western Culture will receive a poke as well.
It will be interesting to see if the Islamist hoodwinkers will use the Federal Court system to nullify New York State legislation. If Islamists go that far, it will be interesting to see which Islamist while file litigation knowing that they will also have to turn over Discovery requested by the Defendants. That is how Andrew Whitehead of Anti-CAIR shot down CAIR’s civil suit against him. CAIR was not willing to give up information in the Discovery process.
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Foreign Litigation About to be Squashed
John R. Houk
© March 4, 2008
ACT for America is an issues advocacy organization dedicated to effectively organizing and mobilizing the most powerful grassroots citizen action network in America, a grassroots network committed to informed and coordinated civic action that will lead to public policies that promote America’s national security and the defense of American democratic values against the assault of radical Islam. We are only as strong as our supporters, and your volunteer and financial support is essential to our success. Thank you for helping us make America safer and more secure.
