University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
view search results
page permalink
Case Name In re Carter W. Page: A U.S. Person [FISA dockets 16-1182, 17-52, 17-375, 17-679] NS-DC-0127
Docket / Court 16-1182 ( FISC )
Additional Docket(s) 16-1182  [ 16-1182 ]  Foreign Intel. Surveillance Ct.
17-52  [ 17-52 ]  Foreign Intel. Surveillance Ct.
17-375  [ 17-375 ]  Foreign Intel. Surveillance Ct.
17-679  [ 17-679 ]  Foreign Intel. Surveillance Ct.
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
In 2016, the FBI sought and obtained a Foreign Intelligence Surveillance Act (FISA) warrant against Trump 2016 campaign foreign policy advisor Carter Page. The warrant applications against Page alleged that he had contact with Russian officials to collect compromising information on Trump's 2016 ... read more >
In 2016, the FBI sought and obtained a Foreign Intelligence Surveillance Act (FISA) warrant against Trump 2016 campaign foreign policy advisor Carter Page. The warrant applications against Page alleged that he had contact with Russian officials to collect compromising information on Trump's 2016 opponent, Hillary Clinton.

After substantial litigation, these classified FISA warrants and related documents were disclosed. This Clearinghouse entry includes those underlying applications and renewals. There are 4, each with a different Foreign Intelligence Surveillance Court (FISC) docket number:
• 16-1182: the initial order, October 2016
• 17-52: the first renewal, January 2017
• 17-375: the second renewal, April 2017
• 17-679: the third renewal, June 2017

For more information on the litigation in the FISC and U.S. District Courts to release these documents, see this link. For more information on how the FISC reacted to these disclosures and the overall FISA warrant process, see this link.

FISA requires the government to obtain a warrant from the 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 July 21, 2018, in response to a Freedom of Information Act (FOIA) request, the Department of Justice (DOJ) released the FISA warrant applications related to the surveillance of Trump campaign operative Carter Page. The New York Times, which filed the FOIA request, released the documents in an article published on the same day; the FISC did not release the warrants.

Although the documents are heavily redacted, they 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." This is the initial warrant, docketed as 16-1182. 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 under docket 17-52. 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 under docket 17-375. 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 under docket 17-679. This third renewal expired sometime in September 2017.

The non-redacted 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
Ellen Aldin - 07/02/2020


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Freedom of speech/association
Unreasonable search and seizure
Defendant-type
Law-enforcement
General
Confidentiality
Record-keeping
Records Disclosure
Search policies
Terrorism/Post 9-11 issues
Plaintiff Type
U.S. Dept of Justice plaintiff
Type of Facility
Government-run
Causes of Action FISA Title I Warrant (Electronic Surveillance), 50 U.S.C. §§ 1801-1812
FISA Title VII targeting order (Sections 702, 703, 704), 50 U.S.C. 1881a, 1881b, 1881c
Defendant(s) Carter W. Page
Plaintiff Description The U.S. Department of Justice
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Warrant/Order allowing surveillance
Source of Relief Litigation
Order Duration 2016 - 2017
Filed 10/01/2016
Case Closing Year 2017
Case Ongoing No
Case Listing NS-DC-0138 : In re Accuracy Concerns Regarding FBI Matters Submitted to the FISC; In re Carter W. Page, a U.S. Person [FISA Dockets Misc. 19-02, 16-1182] (FISC)
NS-DC-0126 : FISA Court Matters relating to disclosure of Carter Page surveillance records: Four FISC cases [FISC Misc. 18-01, Misc. 18-02, Misc. 18-03, and Misc. 19-01] (FISC)
NS-NY-0024 : N.Y. Times Co. v. United States DOJ (S.D.N.Y.)
NS-DC-0131 : Judicial Watch, Inc. v. United States DOJ (D.D.C.)
Additional Resources
click to show/hide detail
  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

- click to show/hide ALL -

new search
view search results
page permalink

- top of page -