Today, December 17, 2019, Rosemary M. Collyer, Presiding Judge, United States Foreign Intelligence Surveillance Court, issued an order requiring that, “the government shall, no later than January 10, 2020, inform the Court in a sworn written submission of what it has done, and plans to do, to ensure that the statement of facts in each FBI application accurately and completely reflects information possessed by the FBI that is material to any issue presented by the application. In the event that the FBI at the time of that submission is not yet able to perform any of the planned steps described in the submission, it shall also include (a) a proposed timetable for implementing such measures and (b) an explanation of why, in the government’s view, the information in FBI applications submitted in the interim should be regarded as reliable.”

The order comes in response to “reports that personnel of the Federal Bureau of Investigation (FBI) provided false information to the National Security Division (NSD) of the Department of Justice, and withheld material information from NSD which was detrimental to the FBI’s case, in connection with four applications to the Foreign Intelligence Surveillance Court (FISC) for authority to conduct electronic surveillance of a U.S. citizen named Carter W. Page.  When FBI personnel mislead NSD in the ways described above, they equally mislead the FISC.”

In a report issued on Dec. 9, Department of Justice Inspector General Michael Horowitz identified 17 “significant inaccuracies and omissions” in the investigation of Page.

To read the full text of the Order, go to:

https://www.fisc.uscourts.gov/sites/default/files/MIsc%2019%2002%20191217.pdf

 

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