Morten Storm and the Totten Case

As indicated in this story,* CNN.com is greatly invested in the story of Morten Storm, who claims that he is a Danish double-agent who infiltrated Al Qaeda in the Arabian Penninsula (AQAP) and thus helped the U.S. target and kill AQAP operative and U.S. citizen Anwar al-Awlaki.

Storm (and his CNN co-authors) have quite a story to tell.  Among other things, he claims that the United States promised him $5 million for helping the U.S. in its al-Awlaki operation.  Although Storm is clearly an international man of mystery, there is little mystery on the question of whether he would have any luck on a claim against the U.S. for breach of a promise to pay $5 million.  The U.S. would undoubtdedly point to the Totten case, as updated in Tenet v. Doe, and courts will find the claim non-justiciable.

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Hat tip to my student, Brandon Carter.