Detaining American Citizens Under False Pretenses

Today’s Washington Post features an editorial urging the Supreme Court to side with the former Attorney General in the case of Ashcroft vs. al-Kidd. Abdullah al-Kidd, a natural-born American citizen, was detained for more than two weeks under false pretenses as a “material witness,” without access to legal counsel. He was never charged with a crime, or called to testify as a witness against anyone else.

The Post and others have said that Ashcroft was justified in ordering the detention of an American citizen under a “material witness” warrant, and then holding and interrogating him for more than two weeks without counsel.

Here's how the government treated this "material witness:"

• Mr. Kidd was detained as a "witness" in a case a month after the indictment was issued, and a full year before the trial was to begin.
• He was released from detention long before the trial began, and was never called as a witness.
• During his detention, he was repeatedly strip-searched, interrogated, and kept in a lighted cell to interfere with his sleep.
• During his previous -- cooperative -- interviews with the FBI, Mr. Kidd was never asked or told to be available as a witness.

It's hard to see how the Washington Post could examine those facts and come to any conclusion other than the one reached by Mr. Kidd: that the government never intended to use him as a witness, and so detained him under false pretenses.

For more on this case, see AFJ’s analysis here.