Xi v. Haugen

After the indictment of Professor Xiaoxing Xi was dismissed which had accused him of being a “technological spy” for China, Xi asserted a claim against the United States under the Federal Tort Claims Act for an unfounded and malicious investigation and prosecution. 2021 WL 1224164, at 1. The complaint included extensive background allegations regarding section 702, including: the FBI agent’s deliberate and/or reckless falsifications and withholding of exculpatory evidence which caused the issuance of the FISA orders; using 702 to indirectly target Americans (including Xi and his family); using 702 to surveil Chinese universities and scientific research institutions; and, during 2014-2015 at least three Chinese-American scientists had federal criminal indictments that were dismissed prior to trial. Id. at 18-19. Upon motion from the government, the Court dismissed the case because the judgments and decisions from which Xi’s claims are premised fall within the discretionary function exception. Thus, the Court does not have subject matter jurisdiction. Id. at 29.