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Tag: dulles airport

Ex-Atty. Gen. Ashcroft Dodges Bullet; Supreme Court Tosses Lawsuit Against Him

John Ashcroft/doj photo

By Allan Lengel
ticklethewire.com

WASHINGTON — Ex-Atty. Gen. John Ashcroft is off the hook.

In an 8-0 ruling, the Supreme Court tossed out a lawsuit against Ashcroft. It overturned a 9th Circuit Court of Appeals decision, saying the former Attorney General under President Bush  enjoyed “qualified immunity” from a lawsuit filed by Abdullah al Kidd, a former University of Idaho football player who converted to Islam.

The court ruled that Ashcroft did not clearly violate the 4th Amendment right against unreasonable searches and seizures.

FBI agents arrested Kidd in 2003 at Dulles Airport and detained him for 16 days in three different states as a material witness supposedly for a pending case. He was never charged and never called as a witness.

Kidd claimed Ashcroft abused his power by detaining him as a material witness. He also alleged the arrest was part of a bigger plan by the Bush administration to round up Muslims, regardless if whether they had ties to terrorism.

But the Supreme Court, in a ruling written by Justice Antonin Scalia, wrote: “The affidavit accompanying the warrant application (as al-Kidd concedes) gave individualized reasons to believe that he was a material witness and that he would soon disappear.”

“Qualified immunity gives government officials breathing room to make reasonable but mistaken judgments about open legal questions. When properly applied, it protects ‘all but the plainly incompetent or those who knowingly violate the law’,” the court wrote.

”We hold that an objectively reasonable arrest and detention of a material witness pursuant to a validly obtained warrant cannot be challenged as unconstitutional on the basis of allegations that the arresting authority had an improper motive. Because Ashcroft did not violate clearly established law, we need not address the more difficult question whether he enjoys absolute immunity.”

Justices Ruth Bader Ginsburg, Stephen G. Breyer and Sonia Sotomayor voted to overturn the lower court ruling, but conceded that the law in this area is not completely clear. Justice Elena Kagan did not participate.

Read Opinion

Los Angeles Times Editorial: Detainee Should Have Day in Court Against Ex-Atty. Gen. Ashcroft

John Ashcroft/doj photo

By the Los Angeles Times
Editorial Page

Granting a request by the Obama administration, the Supreme Court has agreed to decide whether former Atty. Gen. John Aschroft can be sued by a U.S. citizen who says he was wrongly arrested as a material witness.

Rather than reflexively protecting a former government official, the justices should pay close attention to an appeals court opinion explaining why Ashcroft isn’t entitled to immunity.

The case concerns Abdullah Kidd, a convert to Islam who was known as Lavoni Kidd when he played football for the University of Idaho. According to Kidd, in 2003 he was arrested at Dulles International Airport and then shuttled between detention facilities, under the pretense of securing his appearance as a witness at someone else’s trial on visa fraud charges.

Kidd’s arrest was predicated on a false FBI report that Kidd had purchased a one-way ticket to Saudi Arabia.

After two weeks of confinement, Kidd was released to his wife’s custody but deprived of his passport and subjected to limitations on his travel. In 2004, a court lifted the restrictions and dismissed Kidd as a material witness. He was never called to testify at the trial at which he was supposed to be a witness.

Kidd argues that Ashcroft adopted and implemented a policy of using material-witness warrants to detain suspected terrorists when probable cause of their wrongdoing was lacking — a policy that led to his arrest on the basis of a false statement.

To read more click here.