Ninth Circuit Rules Unconstitutional Use of Material Witness Statute to Detain Terrorist Suspects

By Jonathan Abrams, HLS 2012 NSJ Staff Writer On September 4th, the United States Court of Appeals for the Ninth Circuit handed down an important ruling on preventive detention, holding that the federal government’s use of the material witness statute, 18 U.S.C. § 3144, to detain suspected terrorists is unconstitutional. The case, al-Kidd v. Ashcroft, … Continue reading Ninth Circuit Rules Unconstitutional Use of Material Witness Statute to Detain Terrorist Suspects