Monday, November 19, 2012

USAID: "No evidence of negligence" in Gross case

USAID: "No negligence"
The U.S. Agency for International Development said Alan Gross was not entitled to compensation under the Federal Tort Claims Act, or FTCA, because the law does not apply for employment in a foreign country, according to a letter filed in the former subcontractor's lawsuit against the agency.
USAID said in a May 22 letter:
In addition, after a thorough review of the available facts, we have found no evidence of any negligence of any employee of USAID that is compensable under the FTCA.
Gross was a subcontractor for Development Alternatives, Inc., when Cuban authorities arrested him in December 2009. On Nov. 16, he and his wife, Judy, sued DAI and the federal government for $60 million. Court records in the case are now online (See 62-page PDF).

Court records contain Nov. 16 summons to Attorney General Eric Holder, U.S. Attorney Ronald C. Machen, Jr., and Development Alternatives, Inc., informing them that they have 60 days to answer Gross's complaint.
Judge James E. Boasberg
The case has been assigned to Judge James E. Boasberg, a Yale University graduate who belonged to a secret society called Skull and Bones.
Former Bonesmen include ex-president George H.W. Bush and his son, George W. Bush, Sen. John Kerry, and the late Supreme Court Justice Potter Stewart.
Boasberg is a Barack Obama appointee who denied Judicial Watch's FOIA request that the photos of Osama bin Laden's body be made public.
According to the judge's biography:
Judge James E. “Jeb” Boasberg was appointed to the District Court in March 2011. Judge Boasberg is a native Washingtonian, having graduated from St. Albans School in 1981. He received a B.A., magna cum laude, in History in 1985 from Yale College, where he also played basketball. Judge Boasberg then received an M.St. in Modern European History from Oxford University in 1986 and a J.D. from Yale Law School in 1990.

Judge Boasberg next served as a law clerk to Judge Dorothy W. Nelson on the U.S. Court of Appeals for the Ninth Circuit. Following his clerkship, he was a litigation associate at Keker & Van Nest in San Francisco from 1991 to 1994 and at Kellogg, Huber, Hansen, Todd & Evans in Washington from 1995 to 1996. In 1996 Judge Boasberg joined the United States Attorney’s Office for the District of Columbia as an Assistant United States Attorney, where he served for 5½ years and specialized in homicide prosecutions.

In September 2002, Judge Boasberg became an Associate Judge of the District of Columbia Superior Court, where he served in the Civil and Criminal Divisions and the Domestic Violence Branch until his appointment to the federal bench in 2011.
Banner headlines after U.S. forces killed Osama bin Laden

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