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Ashcroft liable for detentions, court finds
The Hill ^

Posted on 09/04/2009 2:09:30 PM PDT by Sub-Driver

Ashcroft liable for detentions, court finds By Tony Romm - 09/04/09 04:18 PM ET

Former Attorney General John Ashcroft may be sued and held liable for wrongly detaining witnesses after the Sept. 11 attacks, a federal appeals court ruled on Friday.

In its decision, the 9th U.S. Circuit Court of Appeals said that Abdullah Al-Kidd, a U.S. citizen detained as a material witness for two weeks, may sue the former attorney general for breaching his constitutional rights. Al-Kidd claimed during the case that his brief imprisonment caused him to lose a scholarship and crippled his chances of finding employment, according to The Associated Press.

"Al-Kidd was not arrested and detained because he had allegedly committed a crime," wrote Judge Milan B. Smith. "He alleges that he was arrested and confined because former United States Attorney General John Ashcroft (Ashcroft), subordinates operating under policies promulgated by Ashcroft, and others within the United States Department of Justice (DOJ), unlawfully used the federal material witness statute ... to investigate or preemptively detain him."


TOPICS: Front Page News; Government; News/Current Events
KEYWORDS: 9thcircuit; alkidd; ashcroft; bho43; doj; gwot; idaho; johnashcroft; lawsuit; ninthcircuit; ruling; september12era
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we are a banana republic........
1 posted on 09/04/2009 2:09:30 PM PDT by Sub-Driver
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To: Sub-Driver

I wonder if this will stand. If it does, Ashcroft should demand a jury trial in Lower Manhattan.


2 posted on 09/04/2009 2:11:22 PM PDT by La Lydia
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To: Sub-Driver

The 9th Jerkit Court of Appeals is at it again.


3 posted on 09/04/2009 2:11:48 PM PDT by OpeEdMunkey (Eat right,...exercise...die anyway.)
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To: Sub-Driver

By the wacko “9th Circuit”. How come their chambers never get caught in those Califorina bush fires?


4 posted on 09/04/2009 2:12:02 PM PDT by BilLies
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To: Sub-Driver

By the wacko “9th Circuit”. How come their chambers never get caught in those Califorina bush fires?


5 posted on 09/04/2009 2:12:22 PM PDT by BilLies
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To: Sub-Driver

9th ?

They should be forced to buy carbon credits they produce so much methane gas from the BS they spew.


6 posted on 09/04/2009 2:14:21 PM PDT by Squantos (Be polite. Be professional. But have a plan to kill everyone you meet)
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To: OpeEdMunkey

Maybe they just really, really like having their verdicts overturned.


7 posted on 09/04/2009 2:16:57 PM PDT by Slings and Arrows (Crazy is the new sane.)
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To: Sub-Driver
...the 9th U.S. Circuit Court of Appeals...

That says it all!

8 posted on 09/04/2009 2:22:24 PM PDT by Road Warrior ‘04 (I'll miss President Bush greatly! Palin in 2012! The "other" Jim Thompson)
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To: Bushbacker1

It is not known as the 9th Circus for nothing.


9 posted on 09/04/2009 2:24:12 PM PDT by mazda77 (Rubio for US Senate)
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To: mazda77
Beat me to it

.

10 posted on 09/04/2009 2:26:59 PM PDT by Elle Bee
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To: OpeEdMunkey
That's the Ninth Circus Court of Appeals, to you. Half of all the Supreme Court's reversals of Circuit Court decisions are in that one Circuit. That's out of 12 Circuits (IIRC), one of which handles far more cases than the Ninth.

Congressman Billybob

Latest article, "A Fitting Legacy for Teddy"

"Ben Franklin will be in D.C., speaking and dressed this way."

11 posted on 09/04/2009 2:31:42 PM PDT by Congressman Billybob (Tom Paine and the future of America: www.TheseAreTheTimes.us)
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To: Sub-Driver
Daniel Pipes (a source which is banned from use for creating threads on FR) points out quite frankly that Islam made the difference (and he cheers that). However, the usage of the religion factor may not fare as well in our current courts.
12 posted on 09/04/2009 2:32:16 PM PDT by HiTech RedNeck (Proud Sarah-Bot.)
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To: Sub-Driver

Where’s Mark Levin?? Hey Mark, they’ve started, let’s get this done!


13 posted on 09/04/2009 2:32:27 PM PDT by Paige ("All that is necessary for the triumph of evil is that good men do nothing," Edmund Burke)
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To: HiTech RedNeck

?? Bloggers put stuff up all the time here. Are you sure?


14 posted on 09/04/2009 2:41:23 PM PDT by ConservativeMind (Liberals have an inability to value good character or to desire it for themselves.)
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To: La Lydia
I wonder if this will stand. If it does, Ashcroft should demand a jury trial in Lower Manhattan.

Well, if this guy was completely innocent of any wrongdoing and they locked him up on as mat-wit he may have a case.

Things were pretty insane after 911 and I would not be surprised if mistakes were made. If the government messed up they should make proper restitution and call it a day.

None of the money will come out of the former AGs pocket.

If this happened to me I know I would be pissed.

15 posted on 09/04/2009 2:53:12 PM PDT by usurper (Spelling or grammatical errors in this post can be attributed to the LA City School System)
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To: ConservativeMind

Maybe I’m going on out of date information. At one point, at least, Pipes was banned from FR as a “bigot.” I think I tried to post something from Pipes once and was greeted by such an auto-refusal. Of course one man’s bigot might be another man’s commonsense freedom fighter.


16 posted on 09/04/2009 2:58:21 PM PDT by HiTech RedNeck (Proud Sarah-Bot.)
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To: usurper

He may be attempting to bid up the settlement by pushing for a trial. Why, Obama himself might personally slip him some hush money.


17 posted on 09/04/2009 2:59:52 PM PDT by HiTech RedNeck (Proud Sarah-Bot.)
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To: AdmSmith; Berosus; bigheadfred; Convert from ECUSA; dervish; Ernest_at_the_Beach; Fred Nerks; ...
...Abdullah Al-Kidd, a U.S. citizen detained as a material witness for two weeks, may sue the former attorney general for breaching his constitutional rights. Al-Kidd claimed during the case that his brief imprisonment caused him to lose a scholarship and crippled his chances of finding employment...
...so would the gallows. Or a bullet in a sensitive area. Y'know, apropos of nothing. Hey, at least he wasn't forced to wear panties on his head.
18 posted on 09/04/2009 3:05:19 PM PDT by SunkenCiv (https://secure.freerepublic.com/donate/__Since Jan 3, 2004__Profile updated Monday, January 12, 2009)
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To: Sub-Driver
"Former Attorney General John Ashcroft may be sued and held liable for wrongly detaining witnesses after the Sept. 11 attacks, a federal appeals court ruled on Friday.

Oh my. Wouldn't it be a shame if someone mentioned FDR...

19 posted on 09/04/2009 3:10:21 PM PDT by libsrscum (Obama causes cancer.)
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To: Sub-Driver

We need background on this supposed Judge. Obviously New York is a breeding ground for the Hate America first judicial crowd. Sotomayer et al.


20 posted on 09/04/2009 3:20:39 PM PDT by Marty62 (former Marty60)
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