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