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Criminal Law
: The Justice GambitHold Prosecutors Accountable
By Michael Blankenship
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The federal government's reaction to the Sept. 11 terrorist attacks once again returned to the Supreme Court on Wednesday as justices considered whether former attorney general John D. Ashcroft could be held personally liable for the detention of an American Muslim.
Abdullah al-Kidd, a U.S. citizen, was arrested in 2003 and held as a material witness. But Kidd contends that he was not detained because he had information about terrorism. Instead, he says, he was detained as part of a plan approved by Ashcroft to sweep up Muslim men the government suspected but could not prove had ties to terrorism.
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Justice Roberts is clearly worried about the impact of holding prosecutors accountable for their actions. But I hope that the Court will take into consideration the following: (1) police officers seem to function under qualified immunity while prosecutors and judges have absolute immunity...continue to full postFull post as published by The Justice Gambit on March 03, 2011 (boomark / email).
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