The Supreme Court's ruling Tuesday on the use of the material witness statute in combating terrorists was a victory for former Attorney General John Ashcroft and those who would shield Bush administration officials from accountability for their actions after Sept. 11, 2001. But the 8-to-0 vote (Justice Elena Kagan was recused because of her...
WASHINGTON -- The Supreme Courtunanimously ruled Tuesday that a man detained after the Sept. 11 attacks may not sue John D. Ashcroft, the former attorney general, for asserted misuse of the federal material witness law. The case involved Abdullah al-Kidd, a native-born American citizen who was held under harsh conditions for 16 days in what the...
Should a former attorney general be held personally liable for brazenly misusing the material witness statute when he was in office to hold an American man in brutal conditions on the pretext that he was a witness in a case in which he was never called to testify? At last week's Supreme Court argument in Ashcroft v. al-Kidd, which turns on that...