“Wait a Second” points to the 2d Circuit’s conclusion that when the FBI coerces a false confession out of someone, qualified immunity doesn’t attach. Yes folks, FBI agents apparently do threaten peoples’ families with torture. But.. The Second Withdraws its opinion!!! Update (10/22): I am continuing covrage of this issue here, and I am sorry for this post getting overly messy.
Initially the FBI had gloated about having it dismissed. I guess the government's argument is that the FBI agent got caught up in the spirit of 9/11. But, since the Second pulled the opinion, we can’t even read that much.
No reason is given. All the people making the threats were employees of the US government. Oh, and in case you are wondering, the defendant was “factually” innocent. Hopefully someone will post the “withdrawn” opinion.
Update: How Appealing has obtained the withdrawn opinion. Score one for HA.
It remains to be seen whether the Second will replace this decision with one approving the government’s behavior and giving the green light to further coerced confessions.
Update #2: Even though I was not asked to do so, I took down
my copy of the opinion for the reasons expressed in HA's post. This doesn’t
quite sit right with me, but I guess if Bashman did it, I will, too. Therefore, SUBTRACT ONE for HA. Oh wait... it seems to still be there. Score one back.