A three-judge panel of the 9th U.S. Circuit Court of Appeals has criticized the administration of former President George W. Bush over the practice of detaining suspected terrorists without filing charges against the individuals.

This could mean former Attorney General and Missouri Governor John Ashcroft might face personal liability for the decisions. A lawsuit against Ashcroft and other officials was filed in 2005 by Abdulla Al-Kidd, an American citizen who was born Livoni Kidd in Kansas, and who converted to Islam.

He was arrested in 2003 while waiting for a flight to Saudi Arabia, and was held for 16 days as a material witness to a crime. He was never charged.

Ashcroft has maintained he is immune from such legal action. The U.S. Justice Department says it is reviewing the decision.