> Obama Regime Report < Obama Regime Report: Ashcroft can be sued over arrests, appeals court rules (Freakshow 9th Circuit)

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Saturday, September 5, 2009

Ashcroft can be sued over arrests, appeals court rules (Freakshow 9th Circuit)

The left is reverting to pre 911 thinking faster than the Twin Towers took to fall down on September 11th 2001 as they seek out more Bush administration people who kept their liberal asses alive for 8 years than they do crazy, rabid Muslims plotting to kill us all with their next attack.......... which is due any day now under the so called leadership of these peacenick morons

They just can't help but want to extend our constitutional rights to people that neither deserve them nor have earned them and this ninth circuit of appeals is the most dangerous group of activist judges in the land.

Nothing more or less than a bunch of moronic Loons.
latimes.com"A 9th Circuit panel says the ex-attorney general violated the rights of citizens held as material witnesses without cause after 9/11. Rights advocates praise the ruling in Abdullah Kidd's case."Then-Atty. Gen. John Ashcroft violated the rights of U.S. citizens in the fevered wake of the Sept. 11 terrorist attacks by ordering arrests on material witness warrants when the government lacked probable cause, a federal appeals court said in a scathing opinion Friday.

In a ruling that said Ashcroft could be sued for prosecutorial abuses, a three-judge panel of the U.S. 9th Circuit Court of Appeals denied the former attorney general immunity from liability for how he used the material witness warrants in national security investigations.

Members of the panel, all appointees of Republican presidents, characterized Ashcroft's detention policy as "repugnant to the Constitution, and a painful reminder of some of the most ignominious chapters of our national history."

Civil liberties advocates cheered the ruling in the case brought by Kansas-born Muslim convert Abdullah Kidd, saying it spotlighted excesses committed by the Bush administration in the post-9/11 scramble to thwart terrorist plots.

"The court made it very clear today that . . . Ashcroft's use of the federal material witness law circumvented the Constitution," said Lee Gelernt, the American Civil Liberties Union lawyer who argued Kidd's case. "Regardless of your rank or title, you can't escape liability if you personally created and oversaw a policy that deliberately violates the law."

The ruling could allow Kidd's suit for damages to proceed to trial if the government doesn't appeal to a larger 9th Circuit panel or seek Supreme Court review.

A spokesman for Ashcroft, Mark Corallo, didn't return phone calls.

Department of Justice spokesman Charles Miller said: "We will review the court's decision and make a determination in the future as to what the government's next step will be."

Although the ruling denied immunity to Ashcroft, the government would probably be responsible for covering any successful damage claims brought by those found to have been wrongly arrested.

Kidd, a former University of Idaho running back whose birth name was Lavoni T. Kidd, sued Ashcroft after he was arrested at Washington Dulles International Airport en route to a Saudi scholarship program in March 2003.

He was handcuffed, strip-searched and shuttled among interrogations in Virginia, Oklahoma and Idaho before being released 16 days later and ordered to surrender his passport and live with his wife and in-laws in Nevada.

The arrest led to Kidd being denied a security clearance and losing his job with a government contractor.

In his 2005 complaint, Kidd noted that then-FBI Director Robert S. Mueller III, in an appearance before a congressional subcommittee during Kidd's detention, had pointed to his arrest and that of confessed 9/11 mastermind Khalid Shaikh Mohammed as evidence of government progress in reining in terrorists.

"To this day, the government has never explained why the director of the FBI would tell the United States Congress that the arrest of Mr. al Kidd -- supposedly a witness -- represented one of the government's noteworthy recent successes in the war on terrorism," the complaint stated.

It is unclear how many U.S. citizens were picked up on material witness warrants in the sweep conducted by national security forces after the 2001 terrorist attacks. Like the preventive detention abroad of foreign terrorism suspects and the CIA's "extraordinary rendition" program, in which suspected enemies were whisked from foreign locales to interrogation "black sites," the material witness arrests were conducted in secret.

At least two other prominent Muslim converts are known to have been arrested as supposed material witnesses.

Alleged would-be "dirty bomber" Jose Padilla was detained at Chicago O'Hare International Airport and held for 3 1/2 years without charges before his 2007 conviction in an unrelated terrorism case in Florida.

Brandon Mayfield, an Oregon attorney erroneously connected to the 2004 Madrid train bombings, was also arrested as a material witness and held for two weeks. He was never charged, and has received an apology from the U.S. government as well as a $2-million settlement.

Constitutional law scholars applauded the 9th Circuit decision as affirmation of citizens' rights to be free from illegal detention.

"This is really important," said Erwin Chemerinsky, dean of the UC Irvine School of Law. "This is a federal court of appeals saying that what was done here under the material witness statute was clearly a violation of the Constitution -- that it was not protected by prosecutorial absolute immunity."


The urge to save humanity is always a false front for the urge to rule it. H. L. Mencken

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