Carter Page Files $75 Million Lawsuit Against The FBI, Comey, McCabe, and Others

Former Trump campaign aide Carter Page on Friday has filed a $75 million lawsuit against the Federal Bureau of Investigation (FBI) and former high-ranking officials, including former FBI Director James Comey, and Andrew McCabe. The complaint includes eight claims that range from violations to the Foreign Intelligence Surveillance Act (FISA), Federal Tort Claims Act, a Bivens claim, and Privacy Act. It is very well written, but it will be challenging given the discretionary authority of justice officials in some of these actions. For full disclosure, I previously discussed Page’s case with both Page and his counsel (particularly after a column on his case). I have been a critic of his targeting for years and have spoken with Page on the investigation.  I view Page as a victim of an abusive federal investigation and ideally he should be afforded relief for his treatment. Federal case law however presents barriers for people in his position. If he were to prevail, it could create important precedent protecting citizens and civil liberties for the future.

The defendants are the following:

JAMES COMEY

ANDREW McCABE

KEVIN CLINESMITH

PETER STRZOK

LISA PAGE

JOE PIENTKA III

STEPHEN SOMMA

BRIAN J. AUTEN

The most promising could be Clinesmith who has already admitted to committing a criminal act in submitting false information to the FISA court. That creates a different element than many cases where citizens challenge abuse surveillance.

Here are the counts:

FIRST CAUSE OF ACTION FOREIGN INTELLIGENCE SURVEILLANCE ACT (OCTOBER 21, 2016 FISA WARRANT – ORIGINAL) (Against All Individual Defendants)

SECOND CAUSE OF ACTION FOREIGN INTELLIGENCE SURVEILLANCE ACT (JANUARY 12th, 2017 FISA WARRANT – FIRST RENEWAL) (Against All Individual Defendants)

THIRD CAUSE OF ACTION FOREIGN INTELLIGENCE SURVEILLANCE ACT (APRIL 7th, 2017 FISA WARRANT – SECOND RENEWAL) (Against All Individual Defendants)

FOURTH CAUSE OF ACTION FOREIGN INTELLIGENCE SURVEILLANCE ACT (JUNE 29th, 2017 FISA WARRANT – THIRD RENEWAL) (Against All Individual Defendants)

FIFTH CAUSE OF ACTION FEDERAL TORT CLAIMS ACT (Against Defendant United States of America)

SIXTH CAUSE OF ACTION BIVENS CLAIM (Against All Individual Defendants)

SEVENTH CAUSE OF ACTION PRIVACY ACT (Failure to Amend) (Against Defendant Department of Justice)

EIGHTH CAUSE OF ACTION PRIVACY ACT (Unlawful Disclosures) (Against Defendants Department of Justice and Federal Bureau of Investigation)

The litigation over “misleading” affidavits or surveillance applications is very difficult in the federal courts. However, Page is alleging false representations as well as intentional leaks to the media. For example, Lisa Page is alleged to have “facilitated the leaks of information about the FBI’s FISA warrants regarding Dr. Page.” Such allegations must be treated as true for the purposes of a motion to dismiss. The question is whether, if proven true, there would be a claim against Lisa Page. Moreover, by including figures like Page, the team can pursue their knowledge under oath. Despite her controversial actions, Lisa Page was hired by NBC/MSNBC as a legal analyst. Indeed, the complaint also includes CNN legal analyst Andrew McCabe.

Somma is also an interesting addition since, while Clinesmith was prosecuted, Somma is also alleged to have failed to reveal Carter Page’s work with American intelligence. The complaint alleges:

167. Somma also received information from the CIA in August 2016 that Page had a longstanding relationship with that agency. He did not fully and accurately divulge that information to others at the FBI.

168. When Somma was explicitly asked in late September 2016 by a DOJ attorney assisting on the FISA application about Page’s prior relationship with the CIA, Somma did not accurately describe the nature and extent of the information the FBI received from the CIA. Somma Case 1:20-cv-03460 Document 1 Filed 11/27/20 Page 37 of 59 38 advised the attorney that Dr. Page did meet with a U.S. government agency, but that the interactions took place while Dr. Page was in Moscow (which was between 2004 and 2007) and were “outside scope.” Based upon this response, the attorney did not include information about Dr. Page’s prior interactions with the CIA in the application for the First FISA Warrant.

169. In seeking the First FISA Warrant, Somma mischaracterized the extent to which the FBI had previously relied on CHS Steele’s prior reporting. This resulted from his failure to seek review and approval from Steele’s handling agent, as the Woods Procedures required.

170. Somma also sought to hide from DOJ attorneys the political bias that made Steele’s reports about Dr. Page suspect. Stuart Evans asked whether Steele “is affiliated with either campaign and/or has contributed to either campaign.” On October 7, 2016, the DOJ Unit Chief this question was emailed to the Crossfire Hurricane team. On October 10, 2016, Somma responded but addressed only the second part of the question, stating that Steele was most likely a foreign national and therefore unable to contribute to either campaign. Because he did not fully address the question, the Unit Chief asked him again, on October 11, 2016, whether Steele was affiliated with and/or had contributed to either presidential campaign. Again, Somma answered only the second part of the question, confirming that Steele had not contributed to any campaign and was not a U.S. person. Evans was frustrated and annoyed by this answer and asked the question a third time. At that point, the FBI finally responded that they assumed Steele had been paid to develop political opposition research.

Again, such allegations are difficult to lay an actionable foundation, but the key will be the motion of dismiss and whether Page can get to discovery.  Discovery itself will be challenging due to privilege assertions but it could expose additional information as well as statements under oath in deposition. Moreover, much information that would normally be held within the Justice Department has already been made public due to the prior investigations. The Complaint does an able job in laying out the existing record.

As I have previously written, the media gleefully detailed leaks and allegations portraying Page as a Russian agent. There has been little comparative coverage on his abusive treatment.

Throughout Operation Crossfire Hurricane, evidence continued to flow into the FBI that Christopher Steele, the former British spy who wrote the infamous dossier, was unreliable and working against the election of Trump. Not only was he known to be trying to get this false information to the press, but evidence mounted that he misrepresented sources and stated false information. While it took long, someone at the Justice Department finally decided to act on the FISA matter regarding Page. The official in charge of FISA applications, Kevin Clinesmith, was told to ask the CIA again about whether Page had been working for the agency. He was again told that Page in fact was, yet Clinesmith allegedly changed the CIA response to describe Page as not working for it. He is now being criminally referred by Horowitz for falsifying that information.

Investigators also found an array of messages against Trump on the social media accounts of Clinesmith, including one declaring “vive le resistance” after Trump won. Meanwhile, throughout this period, the FBI was leaking aplenty but no one leaked the Page was actually a CIA asset. Instead, he was left to twist slowly in the wind. Media reports all but convicted Page of being a Russian spy. Evan Hurst wrote about him last year asking, “Why the hell are Republicans dying on this hill to defend Carter Page,” whom Hurst described, in all caps, as “a literal actual Russian intelligence asset.”

Natasha Bertand later wondered why anyone would question the case against Page. After all, she wrote, Senator Mark Warner, who is ranking member of the Senate Intelligence Committee, had warned reporters to “be careful what you wish for” and one of his aides told her that is is “simply impossible to review the documents” on Page and conclude anything other than that the FBI “had ample reason” to investigate him. Her article was published long after the FBI had been told that Page was working with the CIA, but many other stories ran with similar comments from senators suggesting that anyone defending Page would be ridiculed after the release of some damning evidence. Mueller and Horowitz have now confirmed that there was never such evidence showing Page was a Russian asset. Indeed, the evidence showed he was an American asset.

Injuries in our constitutional system are supposed to have forms of relief, particularly when we are victimized by our own government. Thus, while this is an uphill climb, I hope Page makes it not just for himself but the rest of us.

Here is the complaint: Carter Page Complaint

62 thoughts on “Carter Page Files $75 Million Lawsuit Against The FBI, Comey, McCabe, and Others”

  1. I am neutral (at this point given the lack of clear transparent evidence), but I AM VERY SKEPTICAL of carter page due to a wide range of unanswered questions about his activities

    Yes, I understand that he has filed a complaint. Yes, I understand he was smeared in the media. I understand why the FBI, CIA, DOJ, the radical Left and its media would desire to make him a russian puppet. I get that. It was entirely too dangerous to have Carter Page to be revealed as a spy installed and embedded with the Trump campaign and orbit. So of course, they would falsify documents denying this fact. So of course, the media was DIRECTED to report him as a russian puppet. It’s disgusting. But there are other unanswered questions. Many.

    But here is what is not clear..at all…and when you read these questions, bear in mind this is a man who was Naval Academy Graduate Officer, where honor, duty, and devotion to the constitution are the very foundational principles trained to these men and women.

    A. In service to the CIA, did it ever occur to Carter Page that he was being USED to embed within the President Nominee administration for the purpose of collecting and sharing private information about the candidate and his associates and that that activity IS at its very foundation unconstitutional and illegal? If the answer is yes to that question: what information DID he share? The point of this question is to understand if Carter Page willingly participated in an operation that led to a coup? Was he aware of the purpose of his participation in this unlawful and criminal scheme? If he was NOT aware, I would like him to add some context and information about his role to substantiate that claim, if that is in fact what he claims.

    B. Why file now? What changed? Why has Carter Page waited 4 years with an obvious timing that seems to match up with LTGEN Flynn pardon recently? I can’t put my finger on this timing, but it is important to understand why Carter Page delayed legal disputes until now? Was there some other political or legal reason for the delay? How does this match up to prior filings and threats and public teasing of suits of which he WITHDREW or that never materialized? What is the significance of these events?

    C. IF Carter Page was a CIA operative…and we will have to assume this, as this has been reported….What was the confidentiality agreement he would have certainly signed and been committed to uphold, and how does this effect this filing and discovery of material to support his dispute? This question covers a very large swath of discovery material, which would naturally whether proper or not be protected and not available to assist his case. More importantly, what exactly IS the purpose and goal of Carter Page here? To get 75 Million or to expose a fraud and a coup? If it’s the former, I’m not impressed. If it’s both, I’m willing to give him the benefit of the doubt.

    D. Can Carter Page talk about the meeting in any detail about the Admiral Rogers briefing to the Trump campaign team and transition group at Trump Tower? The meeting that informed President elect Trump that he was under active surveillance and the advice that he depart that property and find a more secure private facility (which did happen, apparently the very next day in New Bedford, NJ?) What was Carter Page’s role in that meeting, if at all, and also was he aware or did he participate in any way in the surveillance operation at Trump Tower. Will Carter Page reach out to Admiral Rogers and get his witness testimony about that interaction and what that actually revealed?

    E. What is Carter Page’s relationship financially to the Russian asset who was the steele dossier sub source, recently revealed to be living in florida, a member of a well known DC think tank (read: CIA front)?

    there are questions about Carter Page…many….Before me and many like me who have witnessed the most horrible criminal conspiracy in US history that led to an active COUP against a President, we would find it very helpful to understand what role Carter Page played in that operation…wittingly or not, as is the “phrase”.

    until then..skepticism remains on volume 11.

    1. A). Irrelevant. If Page was embedded deliberately – that would vitiate his lawsuit – but that would create an even larger one for the Trump campaign.

      B). Because after Biden takes over DOJ no further evidence will be forthcoming, so right now he has the most evidence he can possibly hav e without discovery.

      C). Page worked for a US government intelligence agency providing information on Russian activities based on personal interactions with Russians – i.e. he was an operative not an analyst. It is likely the agency was the CIA. Regardless, at this time this is on the record.
      Page was not employed by the CIA. As to confidentiality – for several years Pages was unable to combat lies about him in the press – because he refused to acknowledge that he worked for the CIA. Instead he went to court to get permission to state his relationship with US intelligence, There is no confidentiality breach on the part of Page.

      Who cares what Carter Page;’s goal is – The awesome power of the US government was used against him CRIMINALLY, he is entitled to redress. The only way Page’s actions could result in a “coup” would be if the govenrment itself was criminal and lawless – and more specifically that Joe Biden was involved directly. If that is the case – than Biden should be impeached. Regardless, there is nothing lawless going on here.

      All the lawlessness was by those in the Obama administration. That is what Page is going after.

      Any confidentiality agreement Page had would not effect discovery. National Security claims might – however anything that has already been reported or leaked publicly is not protected.
      Further confidentiality agreements and to a lessor extent national security are not an excuse to cover up criminality.

      d). Page can not talk in detail about something he was not a part of.
      Separately – Page himself did not particpate in the Surveilance of Trump – Page is NOT a CIA agent, He is and always was a private party who willingly shared information with the CIA. Knowingly false Lies about Page were used to get FISA warrants. Those lies violated Page’s civil rights.

      e). Whatever derogatory information you speculate about page will absolutely come out as a result of any lawsuit.
      Page will get discovery and depostions of the defendants. They will get discovery of him.

    2. Why would Page suspect he was being used as he had been a CIA source for decades.. More to the point is why did Clinesmith alter the CIA memo stating he was one of their sources. He was a source mainly because of his foreign business activities. A better question is why didn’t the Mueller investigation uncover he was a CIA source for a long time.

  2. If you’re a night owl…. Robert Barns updates prez election. Starts in @ about 10:00 in. I haven’t seen that much of it yet.

  3. Lawsuits like this should NOT be an uphill climb.

    When these people acting under color of authority do what they have done to a private citizen there must be consequences.

    Many of us find this conduct to be criminal. Regardless, it is unethical, immoral, immproper and in violation fo laws and procedures.

  4. Americans will either take or relinquish their country.

    The American Revolutionaries seized their country from the British Empire.

    America and Americans will never get justice from the judicial branch again, as it is malignant and terminally political; more politicized than the legislative and executive branches.

    America is in a condition of hysteria, incoherence, chaos, anarchy, corruption and rebellion.

    President Abraham Lincoln declared martial law, assumed power, neutralized the legislative and judicial branches and ruled by executive order and proclamation to “Save the Union.”

    President Donald Trump must now declare martial law, assume power, neutralize the legislative and judicial branches and rule by executive order and proclamation to “Save the Republic.”

  5. If ever a lawsuit deserved to bring down a government, Page v, U.S. is it. Like the Dreyfus affair it exposes the corrupt underbelly of most every government — its paranoia, arrogance and bad faith — and that needs to happen now more than ever. Page points the accusing finger but we all get to gaze at the vile swamp our national leadership has become. As Zola himself would say:

    “I have but one passion—that of light. This I ask for in the name of humanity, which has suffered so much, and which has a claim to happiness. My passionate protest is but the cry of my soul. Let anyone who dares bring me before an Assize Court, and let the inquiry be held in broad daylight. I am waiting.”

    Bravo JT for consulting on the complaint.

  6. “Jonathan Turley
    @JonathanTurley

    Carter Page is now suing the Justice Department. https://www.foxnews.com/politics/carter-page-lawsuit-doj-fbi-comey … Every major figure from Rosenstein to Comey to Yates have said that they would not approve his surveillance today. Yet, no one accepts actual responsibility for ruining his life.”

    https://twitter.com/JonathanTurley/status/1332771564115415042

    Many lives have been similarly ruined in the U.S. — via Cointelpro, MKUltra, etc. and Cointelpro continues (and other ‘games,’ too) — though by a different name.

    Most Americans just carry on with their comfortable lives…, as do those who are responsible…

    1. In keeping with the theme that the Media and our judiciary are more corrupt than the mob, just wait until they unleash this cat: Keshavarz-Nia

      “I conclude with high confidence that the election 2020 data were altered in all battleground states resulting in hundreds of thousands of votes that were cast for President Trump to be transferred to Vice President Biden.”

      These alterations, he added, resulted from widespread vulnerabilities in voting software and systems that allowed a “Man-in-the-Middle cyber attack” by covert operators.

      Chances are good the mainstream media, on cue, will launch an assault on the credibility of Keshavarz-Nia, who currently lives in Temecula, California.

    2. RUSSELL j. RAMSLAND jr, MBA HARVARD, and a Political Science Degree from DUKE who worked for NASA and MIT, and is part of the manafement team from Allied Security Operations Group ASSERTS on 11/24/2020 with a reasonable degree of professional certainty that 289,866 VOTES cast in Michigan from Wayne county are illegfal and must be disregarded

        1. If a Judge rules that Up is down and down is up – does that make it so ?

          Grow up. Facts are not subjective. Courts do not determine what reality is.

          Courts do not determine what is accurate.

          They are supposed to follow the law.

          If Only.

  7. If Turley is truly offended by high-ranking officials unjustifiably targeting innocent citizens, it’s mystifying why he is so noticeably silent about Trump accusing Obama of treason & “the biggest political crime in American history.” Shortly after taking office, Trump, Jim Jordan, Devin Nunes & the conservative media began portraying Obama & his administration as the masterminds of an attempted coup to undermine Trump.

    Over the past 3 ½ years, Trump charged Obama with treason on 57 separate occasions & claimed “Obama tapped my phones.” Despite Trump’s very public campaign to brand Obama as a treasonous criminal, the Trump Justice Department never charged Obama with any wrongdoings.

    However Trump’s DOJ charged & convicted Trump campaign adviser Roger Stone of repeatedly lying to Congress & obstructing the Congressional hearing on Russian interference in the 2016 election. Trump commuted Stone’s sentence & calls Stone “a fine man.”

    Carter Page clearly deserves the presumption of innocence unless proven guilty. So does our 44th President.

    1. There you go again.

      Unable to acknowledge that Carter Page suffered a terrible injustice at the hands of abusive government officials and focus on remedies, you immediately counter with “But Trump…”.

      I know that TDS is a terrible cross to bear, but try suffering in silence.

      Your derangement gets tedious.

    2. “the Trump Justice Department never charged Obama with any wrongdoings.”

      Of course not. Because it is not the Trump DOJ; it is the Bureau of Selective Prosecutions. And Trump’s DOJ is not run by the likes of political hacks like Eric “wingman” Holder or Loretta “tarmac meeting” Lynch.

    3. @RacePace7- When in doubt, always fall back on the four D’s: Deny, Deflect, Dissemble, Democrat. Works every time.

  8. It sure looks like Turley wants to run with the Rudy G and Allen Dershowitz, Sidney Powell crowd. Well, at least Turley always has a job with Trump TV.

    1. FishWings:

      Did you even read the article?

      It was calm, reasoned, and balanced.

      In your hurry to insert a snide response, you missed the mark completely.

  9. The legal system has failed. What is Mr Turley and my lawyer going to do about it? The alternative is to horrible to accept, a combat soldier.

  10. Why does Carter Page have to do that this on his own?

    Where are Barr and the DOJ?

    Why aren’t Wray and the FBI at his door with a check and an apology?

    Where is the press with retractions and apologies?

    Page ought to get justice quickly, with no opposition from any government employee.

    Franky, the injury is great enough that Page would be justified in applying Rule 303 to these people.

    And yet Turley suggests that Page will not be vindicated.

    Our system needs to be fixed.

    1. agreed…our system is clearly broken … when government officials clearly conspire to subvert justice for political gain as was the case with James Comey, Lisa Page, Christopher Wray, Andy McCabe, and ‘Struck, Stroke, Smirk’.

    2. Our system is a disaster. Nothing in our history has ever come close to the corruption of our judges. They are free to do whatever they wish. They cannot be held accountable. They are untouchable co-conspirators who are taking apart what was once a bastion of hope and honesty and fairness. Today, money talks. They have the media in their hip pocket. They don’t want to expose them for fear of costly litigation that they will lose eventually.

    1. “The potential for the disastrous rise of misplaced power exists, and will persist.”

      – President Dwight D. Eisenhower, January 17, 1961

  11. The Obama Coup D’etat in America is the most egregious abuse of power and the most prodigious crime in American political history.

    The co-conspirators are:

    Kevin Clinesmith, Bill Taylor, Eric Ciaramella, Rosenstein, Mueller/Team, Andrew Weissmann,

    James Comey, Christopher Wray, McCabe, Strozk, Page, Laycock, Kadzic,

    Sally Yates, James Baker, Bruce Ohr, Nellie Ohr, Priestap, Kortan, Campbell,

    Sir Richard Dearlove, Christopher Steele, Simpson, Joseph Mifsud,

    Alexander Downer, Stefan “The Walrus” Halper, Azra Turk, Kerry, Hillary,

    Huma, Mills, Brennan, Gina Haspel, Clapper, Lerner, Farkas, Power, Lynch,

    Rice, Jarrett, Holder, Brazile, Sessions (patsy), Nadler, Schiff, Pelosi, Obama,

    Joe Biden, James E. Boasberg et al.
    ______________________

    1. Turkey Court Jails Hundreds For Life For 2016 Coup Plot Against Erdogan

      A court in Turkey has given life sentences to 337 military officers and others, in one of the biggest trials linked to the 2016 coup attempt. Air force pilots and army commanders were among the nearly 500 defendants accused of trying to overthrow President Recep Tayyip Erdogan. They allegedly directed the plot from the Akinci air base near Ankara. Mr Erdogan says US-based Muslim cleric Fethullah Gulen masterminded the plot, which led to mass arrests.

      – BBC
      _____

      The co-conspirators in the Obama Coup D’etat in America should have, similarly, been imprisoned for life.

    2. Sally Yates is being considered for Attorney General in the Biden administration. Obama 3.0 is gearing up for action.

      All the gaslighted Trump supporters need to wake up and smell the covfefe. Still believing there will be “justice” served up for all of the Obama felonies and crimes? Justice ain’t coming people. Obama 3.0 is coming fast and hard, by any means necessary. That’s the sick reality being served up and rammed down our throats.

      If they think we are just going to take it this time? They are wrong. This is war.

    3. ‘What did @JoeBiden do—or promise to do—to win this kind of affection from the Chinese Communist Party??’ @RepJimBanks

      ‘Better question — what did Biden promise to do for the Chinese communists in exchange for the $11+ million that they paid to his family & business associates for no apparent / legitimate reason, as documented by Sens. Grassley & Johnson?’ @arthurschwartz

      https://www.globaltimes.cn/content/1207932.shtml

      “The US is entering the Joe Biden era as the formal transition process began after being authorized by the General Service Administration, and after Biden nominating top foreign policy and national security officials.

      Chinese experts said China could start contacting Biden’s team and restore bilateral communication channels. A good start would be cooperation on climate change and discussion on reducing tariff barriers.

      Analysts said the Biden administration with familiar faces to China will bring a more professional, rational and pragmatic approach to the future China-US ties than the Trump administration…”

      1. Yes, we should all welcome more chinese efforts to thwart US national security.
        To invade Tiawan,
        To murder and enslave Uigars,
        To subjugate Hong Kong.
        To militarize the south china sea.

        One of the clearest distinctions between Trump and Obama was on foreign policy.

        And only idiots would want Obama’s foreign policy back.

        Obama made promises to bring about peace and to get the US out of pointless foreign entanglements.
        Trump delivered on those promises – Obama did not try.

        Trump is the first US president since Jimmy Carter who did NOT invade another country or start a new conflict.

        And do you left wing nuts actually beleive China gives a $h!t about “climate change” ?

        China’s only interest in Climate Change is getting the US to agree to screw itself over while China builds gigawatt coal fired plants.

        Regardless China already owns the Biden’s – only left wing nuts fail to grasp that.

  12. Nothing happens to any of the wrong doers (criminal and otherwise) save for the occasional slap on the wrist or firing (with full government pension, of course). All the crimes, corruption, misdeeds, and malfeasance just quietly goes away right down the memory hole as all the bad actors await the next Democrat administration where they will be rewarded with positions of power to abuse all over again. Same as it ever was. The sky is the limit when it comes to destroying Trump and any Republican administration by any means necessary. All you gaslighted Trump supporters need to wake up now. It’s all one big swampy club in Washington DC and you ain’t in it.

  13. The suit describes a private right of action in the FISA statute. Can you analyze this avenue, and say whether it increases his chances for success?

  14. Thank you so much for providing a link to the Complaint. I’m looking forward to reading it, and following the case. I certainly hope that the complaint will be sufficient to withstand a 12(b)(6) motion.

  15. . ” I view Page as a victim of an abusive federal investigation and ideally he should be afforded relief for his treatment.”

    Page has plenty of company. There are other victims who also deserve and need “relief.”

    1. I had the name wrong. It was Virgil somebody. It was the night they rode old Dixie down. This will be the year they ride old Trumpsters down.

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