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Setback for Ashcroft: U.S. citizens who were held without charge during post-9/11 terror investigations can sue then–Attorney General John Ashcroft for unlawful imprisonment, a federal court has ruled. A panel of three federal appellate judges, all Republican appointees, ruled that Ashcroft violated the rights of citizens held on material-witness warrants when the government lacked probable cause to arrest them. Calling Ashcroft’s detention policy “repugnant to the Constitution,” the panel ruled that Ashcroft had no immunity from lawsuits brought by those arrested. The case was brought by Abdullah Kidd, a Kansas-born Muslim convert, who was held without charge for 16 days in 2003. Ashcroft had no immediate comment.

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