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BOISE, Idaho — A federal appeals court delivered a stinging rebuke Friday to the Bush administration's post-Sept. 11
detention policies, ruling that former Attorney General John ******** can be held liable for people who were wrongfully
detained as material witnesses after 9/11.
A three-judge panel of the 9th U.S. Circuit Court of Appeals said the government's improper use of material witnesses
after Sept. 11 was "repugnant to the Constitution and a painful reminder of some of the most ignominious chapters of
our national history."
As the story notes, the protections of qualified immunity form a high bar, but as these conservative judges have rather pointedly noted, knowing and deliberate participation in or sponsorship of unconstitutional acts is not protected. It will be interesting to see how this case plays out...
Coming from the 9th Circus Court of Appeals, which has a 75% overturn rate, that doesn't say much. He will appeal to a higher and more sane authority.
From what years are your statistics taken? How do 9th Cirucit rates of reversal compare to the rates of other Circuits? What percent of all 9th Circuit decisions do the reversals you claim actually comprise?
I suspect that you have no particular insight into the law, the decisions of this Circuit, or the particulars of this case, but that you are rather once again merely mouthing pointless party-line propaganda.
From what years are your statistics taken? How do 9th Cirucit rates of reversal compare to the rates of other Circuits? What percent of all 9th Circuit decisions do the reversals you claim actually comprise?
I suspect that you have no particular insight into the law, the decisions of this Circuit, or the particulars of this case, but that you are rather once again merely mouthing pointless party-line propaganda.
Then-Atty. Gen. John ******** 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.
Abdullah Kidd, a former University of Idaho running back whose birth name was Lavoni T. Kidd, sued ******** 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.
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.
Yup sue old "Ashy". And then he can sing "The Eagle Has soared." The media can get a nice close up of his wiry eyebrows, and beady eyes.
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Federal Appeals Court says ******** can be sued
