ASHCROFT v. AL-KIDD

No. 10-98.

131 S.Ct. 2074 (2011)

563 U.S. 731

John D. ASHCROFT, Petitioner, v. Abdullah AL-KIDD.

Supreme Court of United States.

Decided May 31, 2011.


Attorney(s) appearing for the Case

Neal Kumar Katyal , Acting Solicitor General, Washington, DC, for petitioner.

Lee Gelernt , New York, NY, for respondent.

Justice Kagan recused.

Neal Kumar Katyal , Acting Solicitor General, Counsel of Record Department of Justice, Washington, DC, for Petitioner.

Michael J. Wishnie , New Haven, CT, Cynthia J. Woolley , The Law Offices of Cynthia J. Woolley, PLLC, Ketchum, ID, Patrick C. Toomey , Lankler Siffert & Wohl LLP, New York, NY, R. Keith Roark , The Roark Law Firm, LLP, Hailey, ID, Lee Gelernt , Counsel of Record, Steven R. Shapiro , Lucas Guttentag , Tanaz Moghadam , Michael K.T. Tan , American Civil Liberties Union Foundation, New York, NY, Katherine Desormeau , American Civil Liberties Union Foundation, San Francisco, CA, Lea Cooper , American Civil Liberties Union Foundation of Idaho, Boise, ID, for Respondent.

Neal Kumar Katyal , Acting Solicitor General, Counsel of Record, Tony West , Assistant Attorney General, Leondra R. Kruger , Acting Deputy Solicitor General, Eric D. Miller , Assistant to the Solicitor General, Robert M. Loeb , Matthew M. Collette , Attorneys, Department of Justice, Washington, DC, for Petitioner.


Justice SCALIA delivered the opinion of the Court.

We decide whether a former Attorney General enjoys immunity from suit for allegedly authorizing federal prosecutors to obtain valid material-witness warrants for detention of terrorism suspects whom they would otherwise lack probable cause to arrest.

I

The federal material-witness statute authorizes judges to "order the arrest of [a] person" whose testimony "is material in a criminal proceeding ...

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