nationalsecuritylaw al-Kidd v. Ashcroft (S.Ct. Mar. 31, 2011) (reversing 9th Circuit on material witness statute and immunity)

* al-Kidd v. Ashcroft (S.Ct. Mar. 31, 2011) (reversing 9th Circuit on material witness statute and immunity)

The Supreme Court has reversed the Ninth Circuit in al-Kidd v. Ashcroft, a Bivens action in which the plaintiff alleges (among other things) that then-Attorney General John Ashcroft violated the Fourth Amendment by directing prosecutors to use the material witness detention statute pretextually in order to incarcerate terrorism-related suspects. I’ve posted details and commentary here.

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