5 May Hypo

Haradinaj Sedjui, a U. S. citizen born in Bosnia has a consulting contract to provide personal computers,  a local area network, and Internet connections to one of the largest mosques in Sarejevo, Bosnia. Under the contract, the Muslim congregation supporting the mosque is to pay him $100,000 for his services and the United States Agency for International Development (USAID) is to pay $200,000 for equipment and expenses already incurred.

The USAID payment was due on January 15, 2003. USAID lost the payment request and did not process a duplicate submitted by Sedjui on April 20, 2003, before the Attorney General of the United States instructed USAID not to pay the $200,000 and froze Sedjui’s bank account into which the $100,000 has been paid by the mosque, because the project benefits Muslim religious organizations.

Mr. Sedjui comes to you and wants to sue USAID for breach of contract, and for negligence, the Attorney General for the tort of intentional interference with contractual relations, and both for violating his freedom of religion under the First Amendment to the United States Constitution.

What advice would you give him?