WASHINGTON – Former Attorney General John Ashcroft is immune from a damages suit claiming he used the federal material witness statute in the aftermath of the 9/11 terrorist attacks as a pretext to detain terrorism suspects, the U.S. Supreme Court ruled yesterday.
Although the justices unanimously agreed that Mr. Ashcroft had not violated “clearly established law” and was entitled to qualified immunity, three separate concurrences by Justices Anthony Kennedy, Ruth Bader Ginsburg and Sonia Sotomayor raised serious questions about the government’s use of the material witness law. They questioned the validity of the warrant used to arrest Abdullah al-Kidd—the Muslim American who brought the damages suit—and the harsh treatment of Mr. al-Kidd by law enforcement officials. Justice Stephen Breyer joined their opinions. Justice Elena Kagan did not participate in the case.
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