Carter Page accused the Justice Department of “Orwellian overreach” in his lawsuit related to the forthcoming release of a watchdog report on alleged government surveillance abuses.
The onetime Trump campaign adviser is fighting for a chance to review and request amendments to Inspector General Michael Horowitz’s report, which focuses on the DOJ’s and FBI’s compliance with rules and policies in applications filed to the Foreign Intelligence Surveillance court targeting Page, before it is set to be made available to the public.
In a court filing on Friday, Page argued in favor of rejecting the Justice Department’s motion for a time extension to respond, citing how U.S. District Court Judge Emmet Sullivan agreed to change the schedule for retired Lt. Gen. Michael Flynn’s criminal sentencing due to the FISA report’s impending release date next month.
“On Monday, this Court confirmed that Article II authorities ‘do not have subjects, bound by loyalty or blood, whose destiny they are entitled to control,'” Page said in the court filing obtained by Fox News. “But characteristic of the Defendant’s Orwellian overreach, DOJ has instead continued to exercise an even greater level of absolute control entailing life-threatening damages against the Plaintiff, stemming from the United States Government’s incessant violations of the Privacy Act of 1974 and other alleged criminal activity.”
Page said if an “amicable solution” is not reached, he intends to file an emergency injunction motion “to help mitigate the impact of further criminal activity” by the Justice Department.
A Justice Department spokesperson did not immediately return a request for comment.
Page, 48, filed a lawsuit with the U.S. District Court for D.C. last month, accusing the Justice Department of Privacy Act violations and demanding an opportunity to review a draft of the FISA report before it is released to the public. He also seeks damages, court costs, and the prosecution of the officials involved in the process of obtaining the FISA warrants against him.
Horowitz set a tentative release date for Dec. 9, which Page told Fox News this week he is not trying to delay. The inspector general has also predicted minimal redactions after a classification review and a final session for witnesses to provide feedback.
Page, an American citizen who was suspected to be a Russian asset but was never charged, was targeted by one FISA application and three renewals in 2016 and 2017. But Horowitz’s report assesses the DOJ’s and FBI’s conduct during this process, not Page’s actions.
Page said in his court filing Friday that he has been in talks with the Judiciary Committee and the Justice Department “in a final attempt to find an interim solution which minimizes further damage to Dr. Page and protects him against subsequent violations of his rights while still allowing essential disclosures about the Defendant’s crimes.”
In a Fox News interview on Monday, Page said the inspector general’s investigation has been “one-sided” and asserted that he would like to “have a say” at the judiciary panel’s Dec. 11 hearing at which Horowitz is scheduled to speak about his findings.
Early leaks about a draft report show Horowitz found missteps and lapses in judgment by the FBI, but no evidence of spying on the Trump campaign or political bias by top officials tainting the Russia investigation as President Trump allies have alleged.
As a result of that investigation, the watchdog made at least one criminal referral to the Justice Department regarding an FBI lawyer, identified as Kevin Clinesmith, for allegedly altering a document related to the surveillance of Page. But Horowitz determined Clinesmith’s actions did not taint the overall validity of a renewal application.
Horowitz’s investigation is not the last DOJ inquiry related to the Russia investigation. U.S. Attorney John Durham is conducting a criminal inquiry into origins of the Russia investigation, which recently shifted from an administrative review.
