Don’t shield Ashcroft

Don’t shield Ashcroft

Los Angeles Times: Last week, the Supreme Court was asked to help right an egregious violation of human rights that occurred in the aftermath of 9/11. The case involved a U.S. citizen who was confined for two weeks on the pretext of securing his testimony at someone else’s trial. In fact, the government regarded him as a suspect but had no probable cause to hold him.

A majority of the court seemed unsympathetic to Abdullah Kidd’s attempt to sue former Attorney General John Ashcroft for the mistreatment. But hope remains that the court will rule that it’s wrong for the government to misuse a material witness warrant to hold a suspect.

The background

Kidd is a convert to Islam who was known as Lavoni Kidd when he played football for the University of Idaho. He was arrested in 2003 at Dulles International Airport, handcuffed and then shuttled between detention facilities, under the pretense of securing his appearance at the future trial of an associate being investigated for visa fraud and possible ties to terrorism.

Kidd sued Ashcroft, who, Kidd maintained, had presided over a policy of using the material witness statute to imprison suspects without the required probable cause.We believe the court should allow Kidd’s suit to proceed.

Before Kidd’s suit can go forward, however, the Supreme Court must determine whether Ashcroft possesses the immunity usually conferred on prosecutors and government officials.

But even if it doesn’t, it should find a way to rule on the legality of the policy attributed to Ashcroft. An ordeal like Kidd’s shouldn’t happen to anyone else.