Filed Date: May 3, 2018
Closed Date: 2018
Clearinghouse coding complete
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, during the Trump administration, 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, 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 Carter Page. The Nunes Memo further disclosed that in addition to the initial warrant application, the government had received three renewal orders from the FISC. The initial warrant application and the three renewal orders were eventually disclosed by the Department of Justice on July 21, 2018. See In re Carter W. Page, a U.S. Person.
On May 3, 2018, Judicial Watch filed a FOIA complaint against the Department of Justice (DOJ) seeking transcripts of any hearings related to Carter Page. The complaint alleged that Judicial Watch had submitted a FOIA request to the DOJ on February 16, 2018, but that as of May 3, 2018, the DOJ had failed to either produce the requested records or respond to them. On June 18, 2018, Judicial Watch received a letter from the DOJ stating that the DOJ did not have "any records responsive" to Judicial Watch's request. On August 30, 2018, the DOJ filed a motion for summary judgment, stating that the National Security Division (NSD), which maintains operational files regarding the FISC, "searched the locations likely to contain responsive records and reasonably determined that there are no responsive records." Furthermore, the DOJ maintained that its FOIA staff had consulted with subject matter experts in the Office of Intelligence who confirmed that, "as is typical in proceedings before the FISC, no hearings were held with respect to the acknowledged Carter Page FISA applications, and thus no responsive transcripts exist."
On September 24, 2018, in light of the fact that the DOJ did not have any responsive transcripts, the parties stipulated to the dismissal of this action with prejudice. The case is now closed. However, on July 25, 2018, after receiving the DOJ's letter, Judicial Watch filed a motion with the FISC for publication of all transcripts related to Carter Page. As of February 2019, there has been no other activity in this matter that has been publicly disclosed. See Misc. 18-03.
Summary Authors
Lisa Limb (2/23/2019)
James Madison Project v. U.S. Department of Justice, District of District of Columbia (2017)
Judicial Watch, Inc. v. U.S. Department of Justice, District of District of Columbia (2018)
Page v. Comey, District of District of Columbia (2020)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6384716/parties/judicial-watch-inc-v-us-department-of-justice/
Jackson, Amy Berman (District of Columbia)
Bekesha, Michael (District of Columbia)
Powell, Amy E. (District of Columbia)
Readler, Chad Andrew (District of Columbia)
Shapiro, Elizabeth J. (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/6384716/judicial-watch-inc-v-us-department-of-justice/
Last updated Feb. 6, 2025, 7:28 p.m.
State / Territory: District of Columbia
Case Type(s):
Special Collection(s):
Foreign Intelligence Surveillance Act -- All Matters
Foreign Intelligence Surveillance Court
Trump Administration 1.0 & 2.0 FOIA cases
Trump Administration 1.0: Challenges to the Government
Key Dates
Filing Date: May 3, 2018
Closing Date: 2018
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiff is Judicial Watch, Inc., a not-for-profit educational organization.
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: Yes
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Department of Justice, Federal
Defendant Type(s):
Case Details
Causes of Action:
FOIA (Freedom of Information Act), 5 U.S.C. § 552
Available Documents:
Outcome
Prevailing Party: Mixed
Nature of Relief:
Source of Relief:
Form of Settlement:
Issues
General/Misc.: