University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name In re Carter W. Page, a U.S. Person NS-DC-0127
Docket / Court [Redacted] ( FISC )
State/Territory District of Columbia
Case Type(s) National Security
Special Collection Foreign Intelligence Surveillance Act -- All Matters
Foreign Intelligence Surveillance Act -- Internet Metadata
Foreign Intelligence Surveillance Act -- Telephony Metadata
Foreign Intelligence Surveillance Court
Case Summary
The Foreign Intelligence Surveillance Act (FISA) requires the government to obtain a warrant from the Foreign Intelligence Surveillance Court (FISC) before it may conduct any domestic electronic surveillance to acquire foreign intelligence information. The warrant applications are made ex parte and ... read more >
The Foreign Intelligence Surveillance Act (FISA) requires the government to obtain a warrant from the Foreign Intelligence Surveillance Court (FISC) before it may conduct any domestic electronic surveillance to acquire foreign intelligence information. The warrant applications are made ex parte and must include a sworn statement by a federal officer of the facts and circumstances relied upon to justify the government's belief that the target of surveillance is a foreign power or an agent of a foreign power. Once a FISC judge receives a warrant application, the judge can order approval of the surveillance only if the judge finds that there is probable cause to believe that the target of the electronic surveillance is a foreign power or an agent of a foreign power. Because the orders only authorize surveillance up to 90 days, the government must file an application for an extension that meets the same requirements as the initial warrant application and obtain a renewal order from the FISC for continued surveillance. For the Civil Rights Litigation Clearinghouse collection of FISA matters, see our special collection.

On January 29, 2018, the House Permanent Select Committee on Intelligence (HPSCI) voted to disclose a memorandum (the Nunes Memo) revealing existence of a FISA warrant for the electronic surveillance of Carter Page (Page), who served as a onetime foreign policy advisor to the Trump Campaign until September 2016. The Nunes Memo was declassified by President Donald Trump on February 2, 2018. The Nunes Memo revealed that on October 21, 2016, the Department of Justice (DOJ) and the Federal Bureau of Investigations (FBI) sought and received a probable cause order from the FISC authorizing electronic surveillance on Page. The Nunes Memo further disclosed that in addition to the initial warrant application, the government had received three renewal orders from the FISC.

On February 6, 2018, reporters Adam Goldman and Charlie Savage, along with the New York Times, filed a motion in the FISC for release of all court records, including opinions and application materials, in reference to the surveillance of Page. See Misc. 18-01, NS-DC-0126 in this Clearinghouse.

On March 7, 2018, reporter Charlie Savage and the New York Times Company filed a lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued the DOJ under the Freedom of Information Act (FOIA) for the same documents they requested in their FISC motion: the release of all documents regarding the surveillance of Page. See N.Y. Times Co. v. United States DOJ, NS-NY-0024 in this Clearinghouse.

On July 21, 2018, the DOJ produced the documents it considered responsive to the FOIA request.

Although the documents are heavily redacted, it revealed that in October 2016, the FBI submitted an application to the FISC to wiretap Page because the FBI believed that Page had been the "subject of targeted recruitment by the Russian government . . . [redacted] undermine and influence the outcome of the 2016 U.S. Presidential election in violation of U.S. criminal law." The FBI believed that Page had "established relationships with Russian government officials, including Russian intelligence officers" and that "the Russian government's efforts are being coordinated with Page and perhaps other individuals associated with" then-presidential candidate Trump.

According to the FBI, Page had traveled to Russia in July 2016 to deliver a commence address at a school. During that trip, Page also met with at least two Russian officials. The FBI asserted that one of its confidential informants, who had a history of reliability, reported that Page "had a secret meeting with Igor Sechin," who is "a close associate to Russian President Putin." The FBI's confidential informant also relayed that Page had secretly met with Igor Divyekin, a Russian official who is believed by U.S. officials to have responsibility for intelligence collected by Russian agencies about the U.S. election, and that "their agenda for the meeting included Divyekin raising a dossier or 'kompromat' that the Kremlin possessed on" Hillary Clinton and the "possibility of it being released" to presidential candidate Trump.

Sometime in October 2016, FISC judge Rosemary M. Collyer found that on "the basis of the facts submitted in the verified application, there is probable cause to believe" that Page "is an agent of Russia." She authorized the warrant, which was to expire sometime in January 2017.

In January 2017, the FBI renewed its warrant application, which FISC judge Michael Mosman granted later that month. The renewal was set to expire sometime in April 2017.

In April 2017, the FBI submitted a second renewal application, which FISC judge Anne C. Conway granted later that month. This second renewal was set to expire sometime in June 2017.

In June 2017, the FBI submitted a third renewal application, which FISC judge Raymond J. Dearie granted later that month. This third renewal expired sometime in September 2017.

The nonredacted portions of the original warrant application and the three renewal applications were largely identical. Due to the redacted nature of the applications, it is unclear whether the FBI provided the FISC courts with additional intelligence, gained from its original wiretap, in support of its renewals.

Lisa Limb - 02/13/2019


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Issues and Causes of Action
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Issues
Constitutional Clause
Unreasonable search and seizure
General
Confidentiality
Record-keeping
Records Disclosure
Search policies
Terrorism/Post 9-11 issues
Plaintiff Type
U.S. Dept of Justice plaintiff
Special Case Type
Warrant or subpoena application
Causes of Action FISA Title I Warrant (Electronic Surveillance), 50 U.S.C. ยงยง 1801-1812
Plaintiff Description Plaintiff is the Federal Bureau of Investigation (FBI).
Class action status sought No
Class action status granted No
Filed Pro Se Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Warrant/Order allowing surveillance
Source of Relief Litigation
Order Duration 2016 - 2017
Filing Year 2016
Case Closing Year 2017
Case Ongoing No
Case Listing NS-NY-0024 : N.Y. Times Co. v. United States DOJ (S.D.N.Y.)
NS-DC-0126 : In re Orders & Records of this Court Related to the Surveillance of Carter Page [FISA Docket Misc. 18-01] (FISC)
NS-DC-0128 : In re Matters Before the Foreign Intelligence Surveillance Court Relating to Carter Page & Declassified by Order of the President on February 2, 2018 [FISA Docket Misc. 18-02] (FISC)
Additional Resources
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  Carter Page FISA Documents Are Released by Justice Department
Date: Jul. 21, 2018
By: Charlie Savage (The New York Times)
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Verified Application
NS-DC-0127-0001.pdf | Detail
Date: 10/01/2016
Primary Order and Warrant (FISC)
NS-DC-0127-0002.pdf | Detail
Date: 10/15/2016
Verified Application (First Renewal)
NS-DC-0127-0003.pdf | Detail
Date: 01/01/2017
Primary Order and Warrant (First Renewal) (FISC)
NS-DC-0127-0004.pdf | Detail
Date: 01/15/2017
Verified Application (Second Renewal)
NS-DC-0127-0005.pdf | Detail
Date: 04/01/2017
Primary Order and Warrant (Second Renewal) (FISC)
NS-DC-0127-0006.pdf | Detail
Date: 04/15/2017
Verified Application (Third Renewal)
NS-DC-0127-0007.pdf | Detail
Date: 06/01/2017
Primary Order and Warrant (Third Renewal) (FISC)
NS-DC-0127-0008.pdf | Detail
Date: 06/15/2017
show all people docs
Judges Collyer, Rosemary M. (FISC, D.D.C.) show/hide docs
NS-DC-0127-0002
Conway, Anne C. (M.D. Fla.) show/hide docs
NS-DC-0127-0006
Dearie, Raymond Joseph (D.D.C., E.D.N.Y.) show/hide docs
NS-DC-0127-0008
Plaintiff's Lawyers Boente, Dana J. (District of Columbia) show/hide docs
NS-DC-0127-0005
Rosenstein, Rod J. (Maryland) show/hide docs
NS-DC-0127-0007
Yates, Sally Quillian (Georgia) show/hide docs
NS-DC-0127-0001 | NS-DC-0127-0003
Other Lawyers Mosman, Michael W. (Oregon) show/hide docs
NS-DC-0127-0004

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