Statement of Lee Gelernt on al-Kidd v. Ashcroft

[babsbunny]

http://www.aclu.org/national-security/statement-lee-gelernt-al-kidd-v-ashcroft

September 30, 2010

Court Should Not Review al-Kidd Ruling That Ashcroft May Be Held Liable For Material Witness Policy

In al-Kidd v. Ashcroft (10-98), the Ninth Circuit affirmed an Idaho district court and held that former Attorney General John Ashcroft could be held personally liable for damages if he adopted a post- 9/11 policy of using the material witness statute as a pretext to arrest and detain suspects without probable cause to believe that they had committed a crime. The Solicitor General’s certiorari petition is pending. The plaintiff in the case, Abdullah al-Kidd, is a 37 year-old African-American, U.S. citizen born in Kansas who converted to Islam while attending the University of Idaho, where he was a standout running back on the football team.

Background

In 2003, al-Kidd was arrested on a material witness warrant at Dulles Airport on his way to study in Saudi Arabia. He sued various officials and the United States; only the claims against Ashcroft are currently before the Court.