http://www.bloomberg.com/news/2010-10-18/ashcroft-to-get-high-court-review-of-lawsuit-by-man-held-as-terror-witness.html(...)
Obama administration lawyers are representing Ashcroft at the Supreme Court, arguing that the lower court ruling would have dire consequences for criminal investigations.
The ruling would “threaten the ability of prosecutors to discharge their duties without fear of personal liability, severely limit the usefulness of the material witness statute and substantially chill officers in the exercise of important government functions,” acting U.S. Solicitor General Neal Katyal argued in the appeal.
Al-Kidd, an African American who converted to Islam, contends he was swept up in a broad anti-terrorism investigation aimed at Arab and Muslim men and approved by Ashcroft. He was arrested at Dulles International Airport outside Washington as he was preparing to board a flight to Saudi Arabia, where he says he planned to study at a university.
He alleges that over the next 16 days he was treated as if he were a terrorist rather than a witness. He says he was strip- searched, shackled and placed with hardened criminals. Al-Kidd also says he was interrogated without the presence of a lawyer.
Terrorism Case
Al-Kidd’s lawyers said in court papers that his case “involves a gross abuse of the government’s narrow power” under material witness law, which lets the government hold innocent persons to ensure they will be available to testify.
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