justice ginsburg, joined by justices breyer and sotomayor, wrote that it was "uncertain" just how powerful the material witness statute was. for example, she/ questioned whether a "law-abiding citizen" who was not suspected of wrongdoing could be sent to jail if he saw "a crime during the days or weeks before a scheduled flight abroad." ginsburg, breyer, and sotomayor were also concerned about how al-kidd was treated in jail. the court did leave al-kidd with the right to sue his jailers for mistreating him.