Judge dismisses Carter Page suit against Comey, FBI over alleged FISA abuse

'Thus, the Court cannot plausibly infer from this complaint that any of the individual defendants, known or unknown, ‘engaged in electronic surveillance,’ in violation of §§ 1809(a) and 1810.'

Updated: September 1, 2022 - 10:04pm

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A federal judge has dismissed Carter Page's lawsuit against the FBI and former Director James Comey alleging they improperly surveilled him under a FISA warrant.

The bureau surveilled Page under a Foreign Intelligence Surveillance Act (FISA) warrant in a process during which they concealed exculpatory evidence against him, DOJ Inspector General Michael Horowitz found in his 2019 report, per the Washington Examiner.

Judge Dabney Friedrich, in a Thursday ruling, dismissed the suit.

“Page alleges that the individual defendants violated §§ 1809(a) and 1810 both by unlawfully engaging in electronic surveillance and using or disclosing the fruits of that surveillance. ... Each defendant claims that Page fails to sufficiently allege that he or she violated the statute,” Friedrich wrote. “The Court finds that the claims are not time-barred but that Page does not state a claim against any of the individual defendants.”

“Some of the defendants, such as Comey, McCabe, Strzok, and Lisa Page, allegedly approved, encouraged, and facilitated Page’s investigation and the warrant applications,” the judge continued, adding “Absent from the complaint is any claim that these four defendants participated in drafting or substantively reviewing the faulty applications themselves, let alone that they performed the FISA surveillance and acquired Page’s communications.”

“If proven, these allegations clearly demonstrate wrongdoing... but Page does not allege that any of the individual defendants, including the unknown John Doe defendants and those most responsible for the applications’ critical errors, took part in obtaining the surveillance information, either by setting up the devices or gathering or listening to Page’s communications," the judge wrote.

“Thus, the Court cannot plausibly infer from this complaint that any of the individual defendants, known or unknown, ‘engaged in electronic surveillance,’ in violation of §§ 1809(a) and 1810.," Friedrich wrote.