American Civil Liberties Union
9/4/2009
Government Cannot Use Material Witness Statute To Unlawfully Detain People
FOR IMMEDIATE RELEASE
CONTACT: 212 549-2666; media@aclu.org
SEATTLE – In an unprecedented ruling that places responsibility squarely on government officials who after 9/11 championed polices clearly outside the boundaries of the law, a federal appellate court ruled today that former Attorney General John Ashcroft can be held personally responsible for the wrongful detention of an innocent American, Abdullah al-Kidd. The U.S. Court of Appeals for the Ninth Circuit also ruled that the federal material witness law cannot be used to “preventively” detain or investigate suspects. The American Civil Liberties Union represents al-Kidd in the case, al-Kidd v. Ashcroft.
“The court made it very clear today that former Attorney General Ashcroft’s use of the federal material witness law circumvented the Constitution,” said ACLU Immigrants’ Rights Project Deputy Director Lee Gelernt, who argued the appeal. “Regardless of your rank or title, you can’t escape liability if you personally created and oversaw a policy that deliberately violates the law.”