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Wednesday, September 28, 2005

Top Officials Told to Testify in Muslims' Suit - New York Times

Top Officials Told to Testify in Muslims' Suit - New York Times: "A federal judge in Brooklyn ruled yesterday that former Attorney General John Ashcroft, the director of the Federal Bureau of Investigation and other top government officials will have to answer questions under oath in a lawsuit that accuses them of personally conspiring to violate the rights of Muslim immigrants held in a federal detention center in Brooklyn after 9/11.

The officials had sought to have the lawsuit dismissed without testimony, arguing in part that they had governmental immunity from its claims, that the court lacked jurisdiction because they live outside New York State, and that the Sept. 11 attacks created 'special factors' outweighing the plaintiffs' right to sue for damages for constitutional violations.

But the judge, John Gleeson, of the United States District Court for the Eastern District of New York, rejected those arguments, allowing the case to proceed - and opening the door to depositions of Mr. Ashcroft and the F.B.I. director, Robert S. Mueller III, by lawyers for the two plaintiffs: Ehab Elmaghraby, an Egyptian immigrant who ran a restaurant in Times Square, and Javaid Iqbal, a Pakistani immigrant whose Long Island customers knew him as 'the cable guy.'"

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