The Supreme Court — minus Justice Elena Kagan — agreed on Monday to take up another major case on the liability of government officials for alleged misdeeds in the war on terror.
The case Ashcroft v. al-Kidd was originally brought by Abdullah al-Kidd, a U.S. citizen from Idaho who is seeking damages from former Attorney General John Ashcroft for allegedly knowing misuse of the “material witness” statute and the Fourth Amendment to investigate him after the Sept. 11, 2001, attacks. The 9th U.S. Circuit Court of Appeals rejected Ashcroft’s claim of absolute immunity in a case of preventive detention, setting the stage for Ashcroft’s appeal, filed by Acting Solicitor General Neal Katyal.
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