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Appeals court rules against Ashcroft in 9/11 case
AP on Yahoo ^ | 9/4/09 | Rebecca Boone - ap

Posted on 09/04/2009 2:47:23 PM PDT by NormsRevenge

BOISE, Idaho – A federal appeals court delivered a stinging rebuke Friday to the Bush administration's post-Sept. 11 detention policies, ruling that former Attorney General John Ashcroft can be held liable for people who were wrongfully detained as material witnesses after 9/11.

A three-judge panel of the 9th U.S. Circuit Court of Appeals said the government's improper use of material witnesses after Sept. 11 was "repugnant to the Constitution and a painful reminder of some of the most ignominious chapters of our national history."

The court found that a man who was detained as a witness in a federal terrorism case can sue Ashcroft for allegedly violating his constitutional rights. Abdullah al-Kidd, a U.S. citizen and former University of Idaho student, filed the lawsuit against Ashcroft and other officials in 2005, claiming his civil rights were violated when he was detained as a material witness for two weeks in 2003.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Crime/Corruption; Foreign Affairs; Government; Politics/Elections; War on Terror
KEYWORDS: 911; 9thcircuit; abdullahalkidd; alhussayen; alkidd; appealscourt; arabiclanguage; arabicstudies; ashcroft; converttoislam; iana; idaho; islamicconvert; islamiclaw; islamicstudies; languagestudies; lavonikidd; lavonitkidd; newyork; ny; revert; reverts; ruling; saudiarabia; september12era; studyreligion; universityofidaho; wot; yemen

1 posted on 09/04/2009 2:47:24 PM PDT by NormsRevenge
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To: NormsRevenge
Hold the phone...

A three-judge panel of the 9th U.S. Circuit Court of Appeals...

2 posted on 09/04/2009 2:49:06 PM PDT by Wally_Kalbacken
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To: NormsRevenge

How sad, how very, very sad.

Thank you Norms Revenge for posting this.


3 posted on 09/04/2009 2:49:31 PM PDT by Cindy
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To: NormsRevenge

I always thought that Bush should issue a blanket pardon for all activities related to the war on terror. He saw who these people are, and they made no secret about their objective of conducting kangaroo courts.
I agree with the Scooter Libby and the Democrats, its George Bush’s fault.


4 posted on 09/04/2009 2:50:53 PM PDT by mission9 (It ain't bragging if you can do it.)
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To: NormsRevenge
SNIPPET from post no. 1:

"... three-judge panel of the 9th U.S. Circuit Court of Appeals..."

5 posted on 09/04/2009 2:51:11 PM PDT by Cindy
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To: NormsRevenge

An unusually outrageous decision. Makes one want to...., well I am not going to say it.


6 posted on 09/04/2009 2:51:39 PM PDT by yarddog
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To: All

Note: Photo included.

http://www.ktvb.com/news/localnews/stories/ktvba-sep0409-material_witness_lawsuit.149d20333.html

Appellate court says material witnesses can sue
01:53 PM MDT on Friday, September 4, 2009
Associated Press

BOISE —

SNIPPET: “Abdullah Al-Kidd, a U.S. citizen and former University of Idaho student, filed the lawsuit in 2005, claiming his civil rights were violated when the government improperly used material witness laws to detain him for two weeks.

Al-Kidd said the investigation and detention not only caused him to lose a scholarship to study in Saudi Arabia, but cost him employment opportunities.”


7 posted on 09/04/2009 2:55:06 PM PDT by Cindy
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To: NormsRevenge

8 posted on 09/04/2009 2:56:52 PM PDT by kcvl
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To: NormsRevenge

Increasingly, it appears American are becoming too stupid to rule themselves when they allow such idiocy to occur.


9 posted on 09/04/2009 2:57:02 PM PDT by ZULU (God guts and guns made America great. Non nobis, non nobis Domine, sed nomini tuo da gloriam.)
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.. the government’s improper use of material witnesses after Sept. 11 was “repugnant to the Constitution and a painful reminder of some of the most ignominious chapters of our national history.”

Many rulings of this same court might well qualify for the tag ignominious if it’s history we be reviewing.


10 posted on 09/04/2009 2:57:28 PM PDT by NormsRevenge (Semper Fi ... Godspeed .. Monthly Donor Onboard)
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To: NormsRevenge
9th U.S. Circuit

LOL, ya' lets see how far this one goes....

11 posted on 09/04/2009 2:58:06 PM PDT by ThreePuttinDude (o)(o)
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To: NormsRevenge

One of the most overturned courts in the country


12 posted on 09/04/2009 2:58:34 PM PDT by italianquaker (“Every inch of this Administration is rife with corruption and cronyism.” --- Michelle Malkin)
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To: NormsRevenge

9th Circus. The most reversed circuit court in the federal system.


13 posted on 09/04/2009 2:59:42 PM PDT by hsalaw
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To: NormsRevenge

http://www.danielpipes.org/pics/new/large/557.jpg

ACLU CASE ON BEHALF OF
UNFAIRLY DETAINED MUSLIM MAN
CURRENTLY IN SETTLEMENT TALKS

The ACLU National Office, in conjunction with the state affiliate, initiated a lawsuit last fall on behalf of a Muslim man who was unfairly detained and mistreated at the Oklahoma Federal Transfer Center during March of 2003. The case of Al-Kidd v. Sugrue was filed in the U.S. District Court for the Western District of Oklahoma to vindicate the rights of plaintiff Abdullah al-Kidd following harsh treatment he received while in custody at a facility supervised by defendant Warden John Sugrue.

The lawsuit is currently in settlement talks. This development follows a ruling favorable to the plaintiff by the federal judge in the case.

Al-Kidd, an African-American native of the United States, converted to Islam while he was in college. His parents, siblings, wife and child were all born in the United States. The FBI had contacted him several months prior to his detention in order to investigate a case in which al-Kidd was not a suspect but a potential material witness.

http://tinyurl.com/msb3o3


14 posted on 09/04/2009 3:00:02 PM PDT by kcvl
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To: All

Previously...

Quote:
http://www.freerepublic.com/focus/f-news/868228/posts

Former Idaho football player arrested as material witness in Islamic charities probe
Associated Press ^ | 3-18-03 | NICHOLAS K. GERANIOS
Posted on March 18, 2003 4:30:42 PM PST by Oldeconomybuyer

Edited on April 13, 2004 2:42:04 AM PDT by Jim Robinson. [history]
SPOKANE, Wash. (AP) — A former University of Idaho football player has been arrested as a material witness in an investigation of Islamic charities with possible links to terrorism, FBI agents said Tuesday.

Abdullah Al-Kidd, 30, was arrested Sunday at Dulles International Airport near Washington, D.C., according to two FBI agents who separately spoke on condition of anonymity. He was carrying a one-way ticket to Saudi Arabia, court documents show.

(Excerpt) Read more at sfgate.com ...

###
###

http://www.freerepublic.com/focus/f-news/881593/posts

Al-Kidd: ‘I’m not a terrorist’
Seattlepi.com ^ | Monday, March 31, 2003 | THE ASSOCIATED PRESS
Posted on April 1, 2003 2:18:41 AM PST by miltonim

BELLEVUE —

SNIPPET: “Al-Kidd was arrested in the investigation of two Islamic charities, the Michigan-based Islamic Assembly of North America and Help the Needy, an offshoot of the IANA.

The FBI wants information from Al-Kidd in the case of Sami Omar Al-Hussayen, who was arrested Feb. 26. Al-Hussayen, a Saudi doctoral student in computer science at the University of Idaho, was indicted last month. He is believed to have financed and administered Web sites for the IANA.

Court documents allege Al-Kidd or his wife, Nadine Zegura, received more than $20,000 from Al-Hussayen and his associates from March 2000 to November 2001.

Federal agents feared Al-Kidd might not have returned to testify if he had left the country, court documents said.”


15 posted on 09/04/2009 3:02:34 PM PDT by Cindy
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To: Wally_Kalbacken
A three-judge panel of the 9th U.S. Circuit Court of Appeals...

As good as the overturn rate...

2007: "The Supreme Court reviewed 22 cases from the 9th Circuit last term, and it reversed or vacated 19 times."

2008: "All told, the 9th Circuit was reversed in eight of the 10 cases reviewed.."

Let the tradition continue.

16 posted on 09/04/2009 3:03:42 PM PDT by browardchad
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To: NormsRevenge

Hey, if a past Attourney General can be prosecuted for his work, then the next can also after their time is up. It’s a Brave New World you are making Progressive/Liberals - what if things swing the other way - DOH!


17 posted on 09/04/2009 3:05:22 PM PDT by sr4402
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To: NormsRevenge
We don't need terrorists to kill us we have the ACLU!

Abdullah al Kidd, who was born in Kansas and was a star running back at the University of Idaho, (ACLU) filed suit last year for what he says was "a gross abuse of the government's power" in arresting him.

Mr. al Kidd, who was known as Lavoni T. Kidd before he converted to Islam, spent 16 days in detention in three states in 2003, some of it shackled hand and foot. That was followed by 14 months under court supervision. Mr. al Kidd was not charged with a crime, and he was not called to testify, though a government affidavit said he had information "crucial to the prosecution" of another man. Mr. al Kidd said in a recent interview that his arrest and detention shattered his marriage and destroyed his career. He now drives a cab in Las Vegas.

"I call it social assassination, really," Mr. al Kidd said. "It's just basically taken me out of a lot of opportunities and placed me into a small box. I'm not doing anything my heart actually desires."

Mr. al Kidd, who had apparently attracted the government's attention after pursuing religious studies in Yemen, was interviewed repeatedly by the F.B.I. in 2002. He never missed an appointment, his lawsuit says. Yet, after a six-month lull and with no warning, he was arrested at Dulles International Airport in Northern Virginia on March 16, 2003, as he tried to board a flight to Saudi Arabia to pursue a doctorate in Islamic studies.

Magistrate Judge Mikel H. Williams of the Federal District Court in Boise, Idaho, authorized the arrest, based on an affidavit from Special Agent Scott Mace of the F.B.I. "Kidd is scheduled to take a one-way, first-class flight (costing about $5,000)," the affidavit said.

Lee Gelernt, a lawyer with the A.C.L.U.'s Immigrants' Rights Project, which represents Mr. al Kidd, said his client's case "crystallizes the question of whether we as a nation are going to allow preventive detention."

http://tinyurl.com/nhchxm

Children's Rights Executive Director Marcia Robinson Lowry, 2007 Benefit Co-Chair Doug Harmon, Board of Directors member Richard Emery, and Lee Gelernt.

18 posted on 09/04/2009 3:11:53 PM PDT by kcvl
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To: NormsRevenge
A three-judge panel of the 9th U.S. Circuit Court of Appeals said the government's improper use of material witnesses after Sept. 11 was "repugnant to the Constitution,,,,

Holy Cow,,, The 9th U.S. Circuit Court has heard of The Constitution of The United States of America?

Amazing!

19 posted on 09/04/2009 3:11:58 PM PDT by TYVets (Let’s Roll!!! The leadership of the GOP has no spine and no guts, but we conservatives do)
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To: NormsRevenge
The ruling was the latest legal development in a saga dating back to 2003, when al-Kidd was standing in the Dulles International Airport and surrounded by federal agents as he prepared to study in Saudi Arabia on a scholarship. The Kansas-born husband and father of two was held for two weeks before being extradited to Idaho and released to the custody of his wife by a federal court judge.

The incident happened at Dulles Airport in Maryland. The guy was born in Kansas. Other than having gone to college in Idaho, what is the Ninth Circuit court's jurisdiction in this case? Why didn't the DC Circuit, or the Third Circuit, hear this case, or even his home Tenth Circuit?

-PJ

20 posted on 09/04/2009 3:17:30 PM PDT by Political Junkie Too (Comprehensive congressional reform legislation only yields incomprehensible bills that nobody reads.)
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To: Wally_Kalbacken

That’s not a federal appeals court... That’s the 9th circus.


21 posted on 09/04/2009 3:32:12 PM PDT by GEC (We're not drilling in ANWR because....)
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To: kcvl
The ACLU National Office, in conjunction with the state affiliate, initiated a lawsuit last fall on behalf of a Muslim man who was unfairly detained and mistreated at the Oklahoma Federal Transfer Center during March of 2003.

You realize, of course, that since the ACLU launched this suit as a civil rights case, that we -- the taxpayers -- are paying for defense representation.

It's one of the ways the ACLU stays afloat -- bringing civil rights cases. Which the US government pays them to do...

22 posted on 09/04/2009 3:33:35 PM PDT by okie01 (THE MAINSTREAM MEDIA: Ignorance on Parade)
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To: NormsRevenge

It’s official now.

The War on Terror is over and the terrorists won it on November 4, 2008.


23 posted on 09/04/2009 3:40:52 PM PDT by DJ Taylor (Once again our country is at war, and once again the Democrats have sided with our enemy.)
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To: NormsRevenge
and when we loose a city or two to a nuclear/chemical terrorist attack.The rest of us can hunt down ACLU members and its enablers like rabid dogs
24 posted on 09/04/2009 3:54:20 PM PDT by Charlespg (The Mainstream media is the enemy of democracy destroy the mainstream media)
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To: NormsRevenge

9th circuit-nuff said.


25 posted on 09/04/2009 3:55:35 PM PDT by tiki (True Christians will not deliberately slander or misrepresent others or their beliefs)
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To: NormsRevenge

9th circuit-nuff said.


26 posted on 09/04/2009 3:55:41 PM PDT by tiki (True Christians will not deliberately slander or misrepresent others or their beliefs)
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To: All

Related Link:

http://www.freerepublic.com/focus/news/2332413/posts


27 posted on 09/04/2009 4:22:16 PM PDT by Cindy
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To: NormsRevenge
Ha!

If history holds, the Supreme Court will have a "stinging rebuke" of it's own for the 9th Circus.

28 posted on 09/04/2009 4:28:52 PM PDT by Sgt_Schultze (Si vis pacem, para bellum)
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To: All

Related Link:

http://www.freerepublic.com/focus/news/2332536/posts


29 posted on 09/04/2009 5:00:05 PM PDT by Cindy
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To: NormsRevenge

So is the 9th circuit saying we can sue federal bureaucrats for violating our constitutional rights?

I can line up many, many people to do that, starting with the EPA pigs and then moving on to the fascist IRS.

I’ve never believed in so-called “sovereign immunity” but do believe in dueling. We could wipe out the entire left wing in America if dueling was brought back. I’d estimate a million point two left wing casualties the first day dueling is legalized.


30 posted on 09/04/2009 5:01:04 PM PDT by sergeantdave (obuma is the anti-Lincoln, trying to re-establish slavery)
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To: Wally_Kalbacken
Hold the phone...
A three-judge panel of the 9th U.S. Circuit Court of Appeals...

Precisely. It is very easy to find three random activist pantloads on that particular court.
This ruling will be laughed off quickly, maybe even by the full court, but more likely by the Supreme Court.

31 posted on 09/04/2009 5:06:57 PM PDT by Lancey Howard
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To: NormsRevenge

But the lawsuits brought on by surviving families against the Klinton administration and Janet Reno, whose FBI was kicking in doors without warrants, shooting people in the back, and burning down houses with residents inside, were quickly slam-dunked and can never be brought before a court of law. So much for justice, eh?


32 posted on 09/05/2009 9:49:11 PM PDT by Excuse_My_Bellicosity (Liberalism is a social disease.)
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To: mission9
None of this has anything to do with criminal court, the allegations are completely baseless there. The plan here is to keep pulling Bush administration officials into civil court and make them go financially broke defending themselves against frivolous lawsuits funded by islamic and leftist lobbyist money, campaign money, rich liberal donors, and charity scams. It's the endless checkbook theory, you can burn anybody if you throw enough money at enough lawyers and judges who can be bought.

It scores big political points to keep showing their pictures on the front page when they're walking in and out of court. Just like pics of Bush, the media always does screen-grabs from video footage so that they can always show an expression of fear, stupidity, or make them look psychotic. You can make anybody look stupid or crazy if you creatively edit thousands of hours of video footage.

33 posted on 09/05/2009 10:01:52 PM PDT by Excuse_My_Bellicosity (Liberalism is a social disease.)
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To: NormsRevenge
“repugnant to the Constitution and a painful reminder of some of the most ignominious chapters of our national history.”

Amazing, they suddenly give a sh*t about the Constitution after dumping on it for the last 50 years.

34 posted on 09/05/2009 10:06:22 PM PDT by Excuse_My_Bellicosity (Liberalism is a social disease.)
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To: sr4402
Hey, if a past Attourney General can be prosecuted for his work, then the next can also after their time is up. It’s a Brave New World you are making Progressive/Liberals - what if things swing the other way - DOH!

The last time things swung the other way, the Republican President declined to go after members of the previous RAT administration and refused to root out the holdovers, leaving them free to undermine his administration at every turn. Just sayin'.

35 posted on 09/06/2009 10:00:44 AM PDT by Dahoser (The missus and I joined the NRA. Who says Obama can't inspire conservatives?)
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To: All

UPDATE:

http://www.scotusblog.com/case-files/cases/ashcroft-v-al-kidd/

“Ashcroft v. al-Kidd

SNIPPET - quote:

Docket No. Op. Below Argument Opinion Vote Author Term
10-98 9th Cir. Mar 2, 2011
Tr.Aud. May 31, 2011 8-0 Scalia OT 2010

###
###

http://www.nydailynews.com/news/politics/2011/05/31/2011-05-31_supreme_court_tosses_abdullah_alkidd_suit_against_attorney_general_over_detainme.html

“Supreme Court tosses Abdullah al-Kidd suit against Attorney General over detainment with no charges”

BY LARRY MCSHANE
DAILY NEWS STAFF WRITER

Tuesday, May 31st 2011, 12:05 PM

###
###

http://www.npr.org/2011/05/31/136818807/supreme-court-ashcroft-safe-from-detainee-lawsuit

“Supreme Court Throws Out Suit Against Ashcroft”
by NINA TOTENBERG
May 31, 2011

SNIPPET: “Al-Kidd, a former star running back at the University of Idaho, looked like an all-American boy in his college photos. Born in the U.S. to American parents and raised in the Christian faith, he converted to Islam while in college. That was unremarkable until the aftermath of Sept. 11, when the FBI began visiting him and asking about fellow Muslims. Al-Kidd answered all the FBI’s questions and by 2003 had not been contacted for some time. He was about to board a plane bound for Saudi Arabia where he was going to study language and religion, when he was arrested, shackled and taken to jail under a material witness warrant.”


36 posted on 05/31/2011 11:40:47 PM PDT by Cindy
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To: All

Previously...

biotech.law.lsu.edu/courses/nat-sec/2010s/Al-Kiddv.Ashcroft9thCir.Sept.42009.pdf

Al-Kidd v. Ashcroft
United States Court of Appeals, 9th Circuit, 2009
580 F.3d 949
MILAN D. SMITH, JR., Circuit Judge: . . .

SNIPPET: “On March 14, the Idaho U.S. Attorney’s Office submitted an
application to a magistrate judge of the District of Idaho, seeking al-Kidd’s arrest as a material witness in the Al-Hussayen trial. Appended to the application was an affidavit by Scott Mace, a Special Agent of the FBI in Boise (the Mace Affidavit). The Mace Affidavit described two contacts al-Kidd had with Al-Hussayen: al-Kidd had received “in excess of $20,000” from Al-Hussayen (though the Mace Affidavit does not indicate what this payment was for), and al-Kidd had “met with Al-Hussayen’s associates” after returning from a trip to Yemen. It also contained evidence of al-Kidd’s contacts with officials of the Islamic Assembly of North America (IANA, an organization with which Al-Hussayen was affiliated), including one official “who was recently arrested in New York.””

SNIPPET: “In fact, al-Kidd had a round-trip, coach class ticket, costing approximately $1,700.”


37 posted on 06/01/2011 12:02:45 AM PDT by Cindy
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