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News Smart Talk Unique U.S. Supreme Court case with local ties
Friday, 25 March 2011 15:05

Unique U.S. Supreme Court case with local ties

Written by  Scott LaMar, Director of Radio Smart Talk

Radio Smart Talk for Monday, March 28:

 

The Supreme Court heard oral arguments recently in Ashcroft v. al-Kidd. The case explores whether former Attorney General John Ashcroft is immune from a lawsuit alleging he used the federal material witness statute to detain terrorism suspects after the September 11th, 2001 attacks.

And the case has an interesting mid-state connection. An article by Wesley Oliver, who teaches law at Widener University, was cited by a lower court ruling – erroneously, according to Oliver. Now, he's filed an amicus brief with the High Court in an attempt to clarify, and as a result, we could soon be witness to an oddity. The Supreme Court could cite Wes Oliver's article in overturning a lower court decision citing Wes Oliver's article. Confused? Oliver will fill us in on the whole saga, as we explore the legalities of detaining suspected terrorists as material witnesses.

LISTEN TO PROGRAM:

comments  

 
# David Keough 2011-03-28 09:36
Two questions: 1) Would you want some sort of statutory limit on how long someone could be held as a material witness, or would this be counterproducti ve as to personal rights to some extent, and 2) do you think that your article was misread as to purpose by a lazy judicial clerk who didn't get past the first sentence?
Dave in Carlisle
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