Skip to comments.Supreme Court to consider Ashcroft bid for immunity
Posted on 10/19/2010 1:39:33 AM PDT by Palter
The Supreme Court agreed Monday to examine once again the Bush administration's aggressive response to the Sept. 11, 2001, terrorist attacks,saying it will consider whether former attorney general John D. Ashcroft can be sued by a U.S. citizen who claims he was illegally detained and treated as a terrorist.
Lower courts have said that Abdullah al-Kidd can press forward with his suit that attempts to hold Ashcroft personally liable for misusing federal laws to hold him without charging that he had broken any laws.
Al-Kidd, a onetime University of Idaho football star named Lavoni T. Kidd who converted to Islam in college, was arrested at Dulles International Airport in 2003 as he was boarding a plane for Saudi Arabia, where he planned to study.
He was held for 15 nights in three states under the federal material-witness statute,which allows prosecutors to take custody of key witnesses to ensure that they testify at trial. But al-Kidd alleges that was simply a pretext for a larger plan approved by Ashcroft to sweep up Muslim men the government could not prove had any ties to terrorism.
His attorneys say it was a "gross abuse of the government's narrow power" and part of an acknowledged administration strategy of using the material witness statute to hold suspects that officials did not have evidence to charge.
FBI Director Robert S. Mueller III told Congress at the time that al-Kidd's apprehension was one of the bureau's "success" stories, even though al-Kidd was never charged with a crime or called as a witness.
Ashcroft has claimed immunity,but the U.S. Court of Appeals for the 9th Circuit disagreed and said the lawsuit could go forward. The Obama administration is representing Ashcroft, as did the Bush administration, and asked the Supreme Court to overturn the 9th Circuit's decision.
(Excerpt) Read more at washingtonpost.com ...
If Ashcroft broke the law, I hope he goes to jail.
Here's a little bit of info about Sami Omar al-Hussayen. Thought I remembered the story, had a 'burgh thing goin' on. So Kidd, a college student got paid $20 LARGE in cash for "charity work" at an islamic website that advocates violent jihad is just going to innocently hop over to saudi arabia for a religious recharge. Uh huh.
I didn't agree with everything GW did but he did take the war seriously.
Al-Kidd, a onetime University of Idaho football star named Lavoni T. Kidd who converted to Islam in college, was arrested at Dulles International Airport in 2003 as he was boarding a plane for Saudi Arabia, where he planned to study
Once you join the Cult of Terrorists you will be considered a terrorist. How does a college student not understand this simple concept?
The cult member still has Constitutional protections.
But, that is old fashioned.
Does this mean that a rich conservative can sue Eric Holder for not enforcing the voting laws in Philadelphia?
THAT would be SWEET!! But no conservative is going to sue Holder.
The 9th Circus gets overturned about 92% on the time by the Supreme Court.
"Supreme Court overturning numerous 9th U.S. Circuit Court of Appeals rulings
Sunday, July 05, 2009
By Carol J. Williams, Los Angeles Times
From prisoners' rights to environmental protection, laws set by the West's powerful appeals court were overturned in 15 of the 16 cases reviewed this term by the U.S. Supreme Court.
The reversals affect a range of civil rights and business practices challenged in the nine states and two Pacific territories that comprise the 9th U.S. Circuit Court of Appeals. The justices shot down four rulings seen as protecting nature against industrial hazards and five cases asserting claims by convicts that their rights were abused."
Make that up to 93.75% of the times overturned. They just suck.