Judge Rules That Ashcroft Does Not Have Full Immunity

September 28, 2006

U.S. District Judge Edward Lodge ruled that Former U.S. Attorney General John Ashcroft does not have absolute immunity in a lawsuit related to material witnesses filed by a student. The suit claims the student, Abdullah al-Kidd, who played football for the University of Idaho, was wrongly imprisoned in a computer terrorism case

The judge rejected Ashcroft's arguument to toss out the lawsuit because he was entitled to absolute immunity since his position at the Department of Justice was prosecutorial.

Al-Kidd claimed government wrongfully arrested him in the case against a fellow student, Sami Omar Al-Hussayen, in 2003. They both worked for the Islamic Assembly of North America.

A jury acquitted Al-Hussayen of using his computer skills to foster terrorism and of three immigration violations after an eight-week federal trial. But Al-Hussayen _ who was only months from finishing his doctorate study at the University of Idaho _ was eventually deported to Saudi Arabia.

Al-Kidd was never called to testify, but he spent two weeks in jail as a material witness and was later released to the custody of his wife with strict limitations on where he could travel.

His lawsuit claimed Ashcroft was personally liable for violating his rights because after the terrorist attacks Ashcroft "created a national policy to improperly seek material witness warrants, oversaw the execution of such warrants, and failed to correct the constitutional violations of conducting such actions," according court documents. Al-Kidd said the investigation and detainment not only caused him to lose a scholarship to study in Saudi Arabia, but that it cost him employment opportunities.

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