Consumer Law

U.S. Supremes Vote 5-4 to Immunize Ashcroft and Mueller from 9/11 Abuse Suit

By Andy Hoffman

Several months ago we told you about an incredible case involving a fellow named Javaid Iqbal who was never charged with any 9/11-related terrorism, but nevertheless was subjected to all sorts of horrible treatment over the course of several months.  In response, Iqbal sued (among others) former Attorney General John Ashcroft and FBI director Robert S. Mueller III, for creating, implementing and condoning what he endured.

As we stated then, normally government officials can?t be sued for doing things within the scope of their positions.  Still, that doesn?t give them license to do things that are illegal and/or unconstitutional.  With those parameters in mind, two lower courts had ruled that Ashcroft and Mueller should be subject to suit.

Today, however, the U.S. Supreme Court reversed, in a close 5-4 decision, saying the abuse wasn?t ?linked? to the two officials.   Soon-to-depart Justice David Souter wrote a scathing dissent, observing that, ?at a bare minimum ? Ashcroft and Mueller knew of and condoned the discriminatory policy their subordinates carried out,? and that ?Ashcroft and Muller affirmatively acted to create the discriminatory detention policy.?  That, said Souter, was certainly enough of a "link!"

Full post as published by ThePopTort on May 18, 2009 (boomark / email).