Supreme Court Declines Carter Page's Appeal, Ending Lawsuit Over Alleged FISA Surveillance

A DOJ inspector general report released in 2019 accused a former FBI lawyer of “altering a document” related to the surveillance of Carter Page, according to the account reported by Newsmax.
In the lower-court litigation, U.S. District Judge Dabney Friedrich (a Trump appointee) ruled in 2022 that Page could sue the individuals who carried out the allegedly unlawful spying, but not the people who authorized it.
Page’s petition also included claims that FBI agents leaked information about his surveillance to the press, in addition to alleging errors, omissions, and misstatements in the FISA warrant applications.
After Page’s government settlement, a Justice Department spokesperson argued, “No American should ever face covert and unlawful surveillance based on their political view,” and added that the investigation relied on “inherently flawed and uncorroborated information.”
The Supreme Court’s denial came via its orders list without elaboration—reportedly offering no explanation for rejecting review of Page’s petition.
The U.S. Supreme Court ended Carter Page's legal fight on Monday, refusing to hear his appeal against former FBI officials including James Comey. CBS News reported the denial came without any explanation via the Court's orders list. The decision closes the last chapter of a years-long legal battle over surveillance that began during the 2016 presidential election.
Page had already won a $1.25 million settlement from the federal government in April 2026 — a fraction of the $75 million he originally sought. But his attempt to hold individual FBI officials personally liable is now finished. He was never charged with any crime.
The core legal problem was timing. Lower courts ruled Page filed his lawsuit too late. Under the law, plaintiffs have three years to sue. The D.C. Circuit Court of Appeals ruled in May 2025 that the clock started running on April 11, 2017 — the day Justia Law identifies as when The Washington Post first revealed the FISA warrant against Page.
Page argued the three-year clock should not have started until December 2019, when a DOJ watchdog report exposed 17 serious flaws in the FBI's warrant applications. His lawyers called the situation a "Catch-22": the surveillance was secret, and by the time the government admitted the abuse, the deadline had already passed. The Supreme Court declined to weigh in.
The 2019 Inspector General report found 17 "significant errors and omissions" in the FBI's applications to spy on Page. One of the most damaging findings: the FBI failed to tell the surveillance court that Page had previously worked as a source for the CIA — information that would have undercut the case for a warrant.
In August 2020, former FBI lawyer Kevin Clinesmith pleaded guilty to falsifying an email to hide Page's CIA ties, Newsmax reported. The FBI obtained four separate warrants in total — one original and three renewals — all based on applications the IG said were deeply flawed and relied heavily on the unverified Steele dossier, which was funded by the Hillary Clinton campaign.
The Trump administration paid Page $1.25 million in April 2026 to settle his claims against the federal government. A Justice Department spokesperson said, "No American should ever face covert and unlawful surveillance based on their political views," adding that the probe relied on "inherently flawed and uncorroborated information," according to CBS News.
But the settlement covered only the government itself — not the individuals who ran the investigation. U.S. District Judge Dabney Friedrich, a Trump appointee, had ruled in 2022 that Page could theoretically sue individual agents for "unlawful spying." That opening ultimately led nowhere. Former officials like Comey and Deputy Director Andrew McCabe face no personal financial liability.
Page's case became the leading example critics use against FISA, the law that lets the government spy on Americans suspected of working for foreign powers. The IG's 17-flaw finding prompted the FBI to overhaul its warrant procedures. The New York Times and other outlets noted the case has fueled ongoing efforts in Congress to tighten surveillance rules.
The Supreme Court's silence means no binding legal precedent was set on key questions: How accurate must FISA warrant applications be? When does the statute of limitations start in secret surveillance cases? Those questions remain unanswered. Justice Ketanji Brown Jackson did not participate in the decision, likely because she served on the D.C. courts while the case was active.
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