Thursday, January 31, 2008

Update: Michael Savage Case Against CAIR

Islamic apologists are now running all over the place like Chicken's with their heads cut off subsequent to an Answer and a Motion for Judgment on the Pleadings, pursuant to Rule 12(C) Federal Rules of Civil Procedure that has now been filed in the matter under the caption of Michael Savage v. CAIR, et. al. Case No. CV 07 06076, USDC, N.D. California.

A little background, in November CAIR called on companies that advertised on the Savage Nation to express their outrage about Michael Savage and encourage advertisers to drop their sponsorship of his show in an effort to stifle free speech. Likewise CAIR on its website began running excerpts of his show, repackaging his comments was deliberately designed to obscure the specific message conveyed by Michael Savage. A law suit was filed against CAIR the apologist for Islamic Jihad and now their minions including the Flaming Lying Lunatic are all scurrying around saying, "see here, see here, look, look the Savage's case is frivolous and baseless."

Any Attorney that is worth their weight in salt defending a law suit will tell you that a Motion for Judgment on the Pleadings is very routine and this was anticipated.

The Standard of Review by Federal Courts in considering a 12(C) Motion is a fairly restrictive standard and to obtain a judgment on the pleadings, the moving party must establish that no material issue of fact exists and that it is entitled to judgment as a matter of law. Likewise the Court must view the facts presented in the pleadings in the light most favorable to the non-moving party.

For all of the minions falling all over themselves saying "see here, see here, look, look" they are reading way too much into a standard pre-trial motion and need to take a step back and take a breath, for this superfluous motion by CAIR will more than likely be Denied, as many others before.