U.S. defends arrest, detention of witness in Idaho computer-terrorism case

BOISE, Idaho — The U.S. government says it did nothing wrong when federal agents arrested and detained an American citizen as a material witness in a computer-terrorism case.

In his lawsuit, Abdullah al-Kidd contended the federal government and its agents — including former U.S. Attorney General John Ashcroft and his successor, Alberto Gonzales; FBI Director Robert Mueller; and Homeland Security Secretary Michael Chertoff — violated his civil rights by improperly using material-witness laws.

In its response Friday, filed by Justice Department lawyer J. Marcus Meeks, the government denied al-Kidd's allegations and said he was not entitled to damages.

The lawsuit arose after al-Kidd — a former student at the University of Idaho — was arrested in 2003 as a material witness in the government's case against a fellow student, Sami Omar Al-Hussayen. Al-Kidd and Al-Hussayen both worked on behalf of the Islamic Assembly of North America, a Michigan-based charitable organization that federal investigators alleged funneled money to activities supporting terrorism and published material advocating suicide attacks on the United States.

A jury acquitted Al-Hussayen of using his computer skills to foster terrorism and of three immigration violations after an eight-week federal trial. Al-Hussayen was eventually deported to Saudi Arabia.

Al-Kidd was never called to testify, but he spent two weeks in jail as a material witness and was later released to the custody of his wife with strict limitations on where he could travel.