Case: Page v. Comey

1:20-cv-03460 | U.S. District Court for the District of District of Columbia

Filed Date: Nov. 27, 2020

Case Ongoing

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Case Summary

This case is related to the Civil Rights Litigation Clearinghouse's coverage of the Carter Page Foreign Intelligence Surveillance Act (FISA) warrants. For more information on litigation to disclose the warrants that inspired this case, please see this link. For a summary of the warrants and information on ongoing efforts by the Foreign Intelligence Surveillance Court (FISC) to protect the confidential information in them, see this link. The FISA requires the government to obtain a warrant from…

The 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 November 27, 2020, an informal foreign policy advisor to the Trump 2016 presidential campaign, represented by private counsel, filed this complaint in the U.S. District Court for the District of Columbia. He sued the U.S. Department of Justice (DOJ), Federal Bureau of Investigation (FBI), the United States, and former DOJ officials that sought the warrant against him in their individual capacities. He alleged violations of his right to be free of unreasonable searches and seizures due to improperly filed FISA warrants against him. He sought $75 million in compensatory damages, punitive damages, injunctive relief to amend government records about him, and attorneys' fees for both this case and a previous, failed Freedom of Information Act (FOIA) request related to the suit. Page filed this case under FISA (50 U.S.C. §§ 1801-1812) for each FISA warrant and renewal sought against him, Bivens, the Federal Tort Claims Act (28 U.S.C. § 2674), and the Privacy Act (5 U.S.C. 552a). The plaintiff added that, at the time of filing, he had an active administrative claim under the Patriot Act pending before the DOJ, and if this claim was unsuccessful, he would add that to this complaint.

In his complaint, the plaintiff alleged that the government did not have probable cause to obtain a FISA warrant against him, because the information upon which the warrant was based came from one unreliable confidential source. He argued that the FBI and all of the agents involved in procuring this warrant were aware, either in an investigative or supervisory capacity, of the deficiencies in the source's testimony and did not follow up with relevant sub-sources to confirm the source's allegations. The plaintiff stated that the defendants still sought the warrants anyway, even after interviews with the plaintiff in connection to the warrant failed to establish probable cause that he was acting on behalf of a foreign power to sabotage the United States, the key preliminary findings needed to grant a FISA warrant. He added that the Foreign Intelligence Surveillance Court (FISC) and subsequent FBI investigations found that the FISA warrant against Page and each of its renewals were unlawfully obtained.

The case was assigned to Judge Ketanji Brown Jackson on November 30, 2020. On April 15, 2021, the plaintiff filed an amended complaint, with the defendants filing motions to dismiss the amended complaint in mid-May. A seconded amended complaint was filed on June 8, mooting the pending motions to dismiss. The amended complaint corrected some of the material facts and added an additional claim arising under the Patriot Act, asserting that the defendants’ willful violation of the FISA Act entitled the plaintiff to commence an action against the United States to recover money damages. In June, Judge Jackson was elevated to the D.C. Circuit and the case was unassigned. In mid-September, 2021, the defendants filed motions to dismiss or, in the alternative, for partial summary judgment.

With the defendants’ motions pending, the case was reassigned to Judge Florence Y. Pan in early October. Judge Pan announced on October 27, however, that she would recuse herself because of her longtime friendship with an attorney for one of the defendants. The case was reassigned to Judge James E. Boasberg, who recused himself the following day, citing his extensive involvement with the matter while a judge on the Foreign Intelligence Surveillance Court. Ultimately, the case was reassigned to Judge Dabney L. Friedrich.

On September 1, 2022, Judge Friedrich granted the defendants’ motions to dismiss, though she noted that the plaintiff had alleged unlawful surveillance that was very "troubling." 628 F. Supp. 3d 103. The Court noted in its opinion that there was no statutory cause of action against individual federal officers for writing false or misleading FISA applications, and thus the plaintiff did not state a plausible claim against the individual defendants under 50 U.S.C. § 1810 because they had not technically "engaged in unlawful surveillance." On Page's claim that defendants misled the FISA court to obtain warrants without probable cause, the Court declined to expand the Bivens cause of action to this novel situation, and noted that Congress had declined to allow damages claims in this context. The court also held that Congress had not waived the United States’s sovereign immunity for the plaintiffs' claims under the Federal Tort Claims Act or the Patriot Act. Finally, the court dismissed the plaintiffs' Privacy Act claims, holding that one was time-barred and the other was barred by the plaintiff's failure to exhaust administrative remedies.

The plaintiff subsequently moved to alter the court's decision due to new evidence, but the court denied the motion on January 18, 2023. 2023 WL 244350.

The following month, on February 17, the plaintiff appealed to the U.S. Court of Appeals for the D.C. Circuit. The appeal was docketed on February 24 (Case Number 23-5038). On Sep 6, 2024, oral arguments were held before Judges Henderson, Pillard and Childs. As of October 23, 2024, the appeal is ongoing.

	Document
1:20-cv-03460	Docket Page v. Comey Docket	Dec. 1, 2020	Dec. 1, 2020 Docket
1 1:20-cv-03460	Complaint	Nov. 27, 2020	Nov. 27, 2020 Complaint
73 1:20-cv-03460	Second Amended Complaint	June 8, 2021	June 8, 2021 Complaint
115 1:20-cv-03460	Memorandum & Opinion	Sept. 1, 2022	Sept. 1, 2022 Order/Opinion 628 F.Supp.3d 103
127 1:20-cv-03460	Memorandum Opinion	Jan. 18, 2023	Jan. 18, 2023 Order/Opinion 2023 WL 244350

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against BRIAN J. AUTEN, KEVIN CLINESMITH, JAMES B. COMEY, DEPARTMENT OF JUSTICE, JANE DOE 1-10, JOHN DOE 1-10, FEDERAL BUREAU OF INVESTIGATIONS, ANDREW MCCABE, LISA PAGE, JOE PIENTKA, III, STEPHEN SOMMA, PETER STRZOK, UNITED STATES OF AMERICA with Jury Demand ( Filing fee $ 400 receipt number CDCDC-7887916) filed by CARTER PAGE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons James Comey, # 3 Summons Andrew McCabe, # 4 Summons Kevin Clinesmith, # 5 Summons Peter Strzok, # 6 Summons Lisa Page, # 7 Summons Joe Pientka III, # 8 Summons Stephen Soma, # 9 Summons Brian J. Auten, # 10 Summons Department of Justice, # 11 Summons Federal Bureau of Investigations, # 12 Summons Attorney General, # 13 Summons U.S. Attorney's Office)(Parlatore, Timothy) (Entered: 11/27/2020) 1 Civil Cover Sheet View on PACER 2 Summons James Comey View on PACER 3 Summons Andrew McCabe View on PACER 4 Summons Kevin Clinesmith View on PACER 5 Summons Peter Strzok View on PACER 6 Summons Lisa Page View on PACER 7 Summons Joe Pientka III View on RECAP 8 Summons Stephen Soma View on PACER 9 Summons Brian J. Auten View on PACER 10 Summons Department of Justice View on PACER 11 Summons Federal Bureau of Investigations View on PACER 12 Summons Attorney General View on PACER 13 Summons U.S. Attorney's Office View on PACER	Nov. 27, 2020	Nov. 27, 2020 Clearinghouse
	COMPLAINT against BRIAN J. AUTEN, KEVIN CLINESMITH, JAMES B. COMEY, DEPARTMENT OF JUSTICE, JANE DOE 1-10, JOHN DOE 1-10, FEDERAL BUREAU OF INVESTIGATIONS, ANDREW MCCABE, LISA PAGE, JOE PIENTKA, III, STEPHEN SOMMA, PETER STRZOK, UNITED STATES OF AMERICA with Jury Demand ( Filing fee $ 400 receipt number CDCDC-7887916) filed by CARTER PAGE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons James Comey, # 3 Summons Andrew McCabe, # 4 Summons Kevin Clinesmith, # 5 Summons Peter Strzok, # 6 Summons Lisa Page, # 7 Summons Joe Pientka III, # 8 Summons Stephen Soma, # 9 Summons Brian J. Auten, # 10 Summons Department of Justice, # 11 Summons Federal Bureau of Investigations, # 12 Summons Attorney General, # 13 Summons U.S. Attorney's Office)(Parlatore, Timothy)	Nov. 27, 2020	Nov. 27, 2020 PACER
2	NOTICE of Appearance by Leslie S McAdoo Gordon on behalf of All Plaintiffs (McAdoo Gordon, Leslie) (Entered: 11/27/2020)	Nov. 27, 2020	Nov. 27, 2020 PACER
3	NOTICE OF RELATED CASE by CARTER PAGE. Case related to Case No. 19-cv-3149. (Parlatore, Timothy) (Entered: 11/27/2020)	Nov. 27, 2020	Nov. 27, 2020 PACER
4	NOTICE OF RELATED CASE by CARTER PAGE. Case related to Case No. 20-cr-165. (Parlatore, Timothy) (Entered: 11/27/2020)	Nov. 27, 2020	Nov. 27, 2020 RECAP
5	NOTICE of Appearance by Kerry Lawson Pedigo on behalf of CARTER PAGE (Pedigo, Kerry) (Entered: 11/27/2020)	Nov. 27, 2020	Nov. 27, 2020 PACER
6	Emergency MOTION for Order to Redact Addresses by CARTER PAGE (Attachments: # 1 Text of Proposed Order)(McAdoo Gordon, Leslie) (Entered: 11/27/2020) 1 Text of Proposed Order View on PACER	Nov. 27, 2020	Nov. 27, 2020 RECAP
7	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John M. Pierce, Filing fee $ 100, receipt number ADCDC-7888353. Fee Status: Fee Paid. by CARTER PAGE (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(McAdoo Gordon, Leslie) (Entered: 11/27/2020)	Nov. 27, 2020	Nov. 27, 2020 PACER
8	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Andrew E. Calderon, Filing fee $ 100, receipt number ADCDC-7888378. Fee Status: Fee Paid. by CARTER PAGE (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(McAdoo Gordon, Leslie) (Entered: 11/27/2020)	Nov. 27, 2020	Nov. 27, 2020 PACER
	ENTERED IN ERROR.....Case Assigned to Judge Christopher R. Cooper. (adh, ) Modified on 11/30/2020 (adh, ).	Nov. 30, 2020	Nov. 30, 2020 PACER
	Case Assigned to Judge Ketanji Brown Jackson. (adh, )	Nov. 30, 2020	Nov. 30, 2020 PACER
9	SUMMONS (12) Issued Electronically as to BRIAN J. AUTEN, KEVIN CLINESMITH, JAMES B. COMEY, DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATIONS, ANDREW MCCABE, LISA PAGE, JOE PIENTKA, III, STEPHEN SOMMA, PETER STRZOK, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 12/01/2020) 1 Notice and Consent View on PACER	Dec. 1, 2020	Dec. 1, 2020 PACER
10	MOTION to Intervene by ANTHONY L. VIOLA (zjf) (Entered: 01/01/2021)	Dec. 29, 2020	Dec. 29, 2020 RECAP
	MINUTE ORDER denying 10 Motion to Intervene. Signed by Judge Ketanji Brown Jackson on 1/7/2021. (jag)	Jan. 7, 2021	Jan. 7, 2021 PACER
	MINUTE ORDER granting 6 Motion for Order to Redact Address. It is hereby ORDERED that the requirements of 5.1(c) are waived in this matter with respect to Plaintiff. The Clerk is instructed to seal the 1 Complaint, and Plaintiff shall file a redacted version of the Complaint that redacts his address. Signed by Judge Ketanji Brown Jackson on 1/7/2021. (jag)	Jan. 7, 2021	Jan. 7, 2021 PACER
	MINUTE ORDER granting 7, 8 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Andrew Calderon and John Pierce are admitted pro hac vice in this matter as counsel for Plaintiff. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Ketanji Brown Jackson on 1/7/2021. (jag)	Jan. 7, 2021	Jan. 7, 2021 PACER
	Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice	Jan. 7, 2021	Jan. 7, 2021 PACER
11	NOTICE of Appearance by Amy E. Powell on behalf of DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATIONS (Powell, Amy) (Entered: 01/26/2021)	Jan. 26, 2021	Jan. 26, 2021 RECAP
12	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,,, by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATIONS. (Attachments: # 1 Text of Proposed Order)(Powell, Amy) (Entered: 01/26/2021)	Jan. 26, 2021	Jan. 26, 2021 RECAP
13	NOTICE of Appearance by Daniel Paul Chung on behalf of UNITED STATES OF AMERICA (Chung, Daniel) (Main Document 13 replaced on 1/27/2021) (zjf). (Entered: 01/27/2021)	Jan. 27, 2021	Jan. 27, 2021 RECAP
14	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General December 7, 2020. (McAdoo Gordon, Leslie) (Entered: 01/27/2021)	Jan. 27, 2021	Jan. 27, 2021 RECAP
15	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BRIAN J. AUTEN served on 12/9/2020, answer due 12/30/2020 (McAdoo Gordon, Leslie) (Entered: 01/27/2021)	Jan. 27, 2021	Jan. 27, 2021 RECAP
16	WAIVER OF SERVICE. KEVIN CLINESMITH waiver sent on 12/15/2020, answer due 2/13/2021. (McAdoo Gordon, Leslie) (Entered: 01/27/2021)	Jan. 27, 2021	Jan. 27, 2021 PACER
17	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JAMES B. COMEY served on 1/15/2021, answer due 2/5/2021 (McAdoo Gordon, Leslie) (Entered: 01/27/2021)	Jan. 27, 2021	Jan. 27, 2021 PACER
18	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 12/7/2020 (McAdoo Gordon, Leslie) (Entered: 01/27/2021)	Jan. 27, 2021	Jan. 27, 2021 PACER
19	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATIONS served on 12/7/2020 (McAdoo Gordon, Leslie) (Entered: 01/27/2021)	Jan. 27, 2021	Jan. 27, 2021 PACER
20	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ANDREW MCCABE served on 12/5/2020, answer due 12/30/2020 (McAdoo Gordon, Leslie) Modified on 1/28/2021 to correct served date (zjf). (Entered: 01/27/2021)	Jan. 27, 2021	Jan. 27, 2021 PACER
21	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LISA PAGE served on 12/5/2020, answer due 12/26/2020 (McAdoo Gordon, Leslie) Modified on 1/31/2021 to correct serve/answer due dates (zjf). (Entered: 01/27/2021)	Jan. 27, 2021	Jan. 27, 2021 PACER
22	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOE PIENTKA, III served on 1/15/2021, answer due 2/5/2021 (McAdoo Gordon, Leslie) (Entered: 01/27/2021)	Jan. 27, 2021	Jan. 27, 2021 PACER
23	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. STEPHEN SOMMA served on 1/14/2021, answer due 2/4/2021 (McAdoo Gordon, Leslie) (Entered: 01/27/2021)	Jan. 27, 2021	Jan. 27, 2021 PACER
24	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. PETER STRZOK served on 1/25/2021, answer due 2/15/2021 (McAdoo Gordon, Leslie) (Entered: 01/27/2021)	Jan. 27, 2021	Jan. 27, 2021 PACER
25	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/7/2020. Answer due for ALL FEDERAL DEFENDANTS by 2/5/2021. (McAdoo Gordon, Leslie) (Entered: 01/27/2021)	Jan. 27, 2021	Jan. 27, 2021 PACER
26	MOTION to Dismiss by STEPHEN SOMMA. "LET THIS BE FILED AS A MTION TO DISMISS" Signed by Ketanji Brown Jackson, U.S.D.J. on 01/28/2021 (zjf) (Additional attachment(s) added on 1/28/2021: # 1 Exhibit A) (zjf). (Entered: 01/28/2021)	Jan. 28, 2021	Jan. 28, 2021 RECAP
	MINUTE ORDER requiring Plaintiff to respond to 26 Motion to Dismiss on or before 2/8/2021. Signed by Judge Ketanji Brown Jackson on 1/28/2020. (jag)	Jan. 28, 2021	Jan. 28, 2021 PACER
	~Util - Set/Reset Deadlines AND .Order	Jan. 28, 2021	Jan. 28, 2021 PACER
27	NOTICE of Appearance by John M. Pierce on behalf of CARTER PAGE (Pierce, John) (Entered: 01/29/2021)	Jan. 29, 2021	Jan. 29, 2021 RECAP
28	NOTICE of Appearance by Andrew Calderon on behalf of CARTER PAGE (Calderon, Andrew) (Entered: 01/29/2021)	Jan. 29, 2021	Jan. 29, 2021 RECAP
29	REDACTED DOCUMENT- to 1 Complaint,,, pursuant to Minute Order dated 1/7/2021 by CARTER PAGE. (McAdoo Gordon, Leslie) (Entered: 02/05/2021)	Feb. 5, 2021	Feb. 5, 2021 RECAP
30	RESPONSE re 26 MOTION to Dismiss filed by CARTER PAGE. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(McAdoo Gordon, Leslie) (Entered: 02/08/2021) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	Feb. 8, 2021	Feb. 8, 2021 PACER
	MINUTE ORDER granting 26 Motion to Dismiss as to Stephen R. Somma of Madison, Connecticut. Should Plaintiff wish to assert claims against another Stephen Somma, he may seek leave to amend the complaint (the amended complaint should be included with any such motion). Signed by Judge Ketanji Brown Jackson on 2/9/2021. (jag) Modified on 2/9/2021 to correct typo (jag).	Feb. 9, 2021	Feb. 9, 2021 PACER

Case: Page v. Comey

1:20-cv-03460 | U.S. District Court for the District of District of Columbia

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