The issue of Ashcroft’s immunity arose as a result of a lawsuit brought by Abdullah al-Kidd, a U.S. citizen. Born Lavoni Kidd, he was a former running back for the University of Idaho football team. In March 2003, Kidd was arrested at Dulles Airport as he prepared to board a flight to Saudi Arabia to work on his doctorate in Islamic Studies. He was held as a material witness in a terrorism case against another man. He spent two weeks in detention, naked for hours at a time. Then he was ordered to live in Las Vegas with his wife’s parents for 15 months. Kidd was never called to testify at the trial. He claims the Department of Justice’s real motive was to detain him while officials sought evidence to show he was a threat to the country.

 

The latest ruling by the Ninth Circuit sparked a fierce dissent from many of the court’s appellate judges who believe Ashcroft is entitled to full immunity. Justice Diarmuid O’Scannlain said the court’s decision to allow the September ruling to stand would “frighten people from being willing to serve as attorney general in the future,” wrote the Associated Press.

-Noel Brinkerhoff, David Wallechinsky

 

Fed Appeals Court Won't Rehear Ashcroft Lawsuit (by Rebecca Boone, Associated Press)

Court Won't Shield Ashcroft from Lawsuit (by Elizabeth Banicki, Courthouse News Service)

Ninth Circuit Denies Rehearing on Ashcroft Immunity Petition (by Patrice Collins, Jurist)

Abdullah Al-Kidd v. John Ashcroft Denial of Petition (U.S. Ninth Circuit Court of Appeals) (pdf)

Abdullah Al-Kidd v. John Ashcroft Appeal (U.S. Ninth Circuit Court of Appeals) (pdf)

U.S. Appeals Court Allows Ex-Detainee to Sue Attorney General John Ashcroft (by Noel Brinkerhoff, AllGov)

For Post-9/11 Material Witness, It Is a Terror of a Different Kind (by Adam Liptak, New York Times)