Appeals Court Denies Ashcroft Immunity in Arrest of Muslim American as Material Witness

[The Straight Story]

Appeals Court Denies Ashcroft Immunity in Arrest of Muslim American as Material Witness


Former U.S. Attorney General John Ashcroft will continue to be vulnerable to lawsuits directed at him for his alleged misuse of the material witness statute that involved arresting Arabs and Muslims after the September 11, 2001, attacks. The Ninth Circuit Court of Appeals refused to reconsider its decision last September that said Ashcroft is not entitled to immunity from civil actions brought by those who believe the attorney general exceeded his legal authority.

The issue of Ashcroft’s immunity arose as a result of a lawsuit brought by Abdullah al-Kidd, a U.S. citizen. Born, Lavoni Kidd, he was a former running back for the University of Idaho football team. In March 2003, Kidd was arrested at Dulles Airport as he prepared to board a flight to Saudi Arabia to work on his doctorate in Islamic Studies. He was held as a material witness in a terrorism case against another man. He spent two weeks in detention, naked for hours at a time. Then he was ordered to live in Las Vegas with his wife’s parents for 15 months. Kidd was never called to testify at the trial. He claims the Department of Justice’s real motive was to detain him while officials sought evidence to show he was a threat to the country.

The latest ruling by the Ninth Circuit sparked a fierce dissent from many of the court’s appellate judges who believe Ashcroft is entitled to full immunity. Justice Diarmuid O’Scannlain said the court’s decision to allow the September ruling to stand would “frighten people from being willing to serve as attorney general in the future,” wrote the Associated Press.

http://www.allgov.com/Controversies/ViewNews/Appeals_Court_Denies_Ashcroft_Immunity_in_Arrest_of_Muslim_American_as_Material_Witness_100321

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