pursuit of someone, not in the prosecution. meaning they arrested him as a material witness, material witness is a person who has facts about a case but can t be forced to testify. he had no facts. he wasn t a witness to anything and they never called him to testify so that s his argument. if this if a supreme court does not reverse the lower courts, this will pretty much change the law in the united states. normally, there is an immunity here. normally, prosecutors are not sued for doing this. sure. but there are allegations here that attorney general ashcroft authorized the f.b.i. to break the law, to lie to judges. these are allegations and that should be heard by a jury. sure. i understand the obama administration is actually stepping up to defend john ashcroft. yes, of course. because the obama administration doesn t want attorney general holder or any present federal prosecutors to be sued during the course of another administration. and in terms of suing john ashcroft