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Conservatives Daily

Independent Reporting · Est. 2020
BackPolitics

Supreme Court Ends Carter Page's Fight Against FBI Officials Over FISA Abuse

The Supreme Court rejected Carter Page's appeal to revive his lawsuit against James Comey and FBI officials, ending his quest to hold them personally accountable for flawed surveillance applications.

Supreme Court Ends Carter Page's Fight Against FBI Officials Over FISA Abuse

The Supreme Court on Monday declined to hear former Trump campaign adviser Carter Page's appeal seeking to revive his lawsuit against former FBI Director James Comey and other officials over flawed surveillance applications during the Russia investigation.

The rejection, issued without comment from the justices, effectively ends Page's seven-year legal battle to hold individual FBI officials personally liable for the FISA warrant applications that allowed the bureau to monitor his communications during the 2016 campaign.

A Flawed Investigation Exposed

A Justice Department inspector general report in 2019 documented 17 significant errors and omissions in the FBI's FISA applications targeting Page, including the use of opposition research funded by the Hillary Clinton campaign as primary evidence. The report found that agents failed to disclose exculpatory information and misrepresented Page's past cooperation with other U.S. intelligence agencies.

Despite these documented failures, lower courts ruled that Page could not sue the individual officials responsible because they were protected by qualified immunity, a legal doctrine that shields government employees from personal liability for actions taken in their official capacity.

Justice Ketanji Brown Jackson recused herself from the decision, though the court did not explain why. Jackson had served on the FISA Court prior to her Supreme Court appointment.

A Settlement but No Accountability

Page did achieve a partial victory earlier this year when the Trump administration agreed to a $1.25 million settlement of his claims against the federal government itself. That settlement, announced in April, acknowledged the harm caused by the flawed surveillance but did not admit wrongdoing.

The settlement resolved Page's case against the government but left his claims against individual officials like Comey unresolved. Monday's Supreme Court denial closes that avenue permanently.

"The settlement shows the government knew they did something wrong," Page said after the April agreement. His attorneys had argued that holding individual officials accountable would deter future abuses of the surveillance system.

Qualified Immunity Shields Officials

The case highlighted ongoing debates about qualified immunity, which critics argue allows government officials to escape accountability for even egregious misconduct. Supporters counter that without such protection, officials would be paralyzed by the threat of constant litigation.

Lower courts found that even if the FBI officials made errors, those errors did not clearly violate established law in a way that would strip away their immunity protection. The Supreme Court's refusal to take the case means that standard stands.

The ruling comes as Congress debates renewal of Section 702 of FISA, the same surveillance authority at the center of the Page controversy. Civil liberties advocates have pointed to the Page case as evidence that the existing system lacks adequate safeguards against abuse.

For Page, the long legal fight ends in frustration. While he secured financial compensation from the government, the FBI officials he blamed for targeting him based on false pretenses will face no personal consequences for their actions.