Order, In re Accuracy Concerns Regarding FBI Matters Submitted to the FISC

The Court previously received a Rule 13(a) preliminary and supplemental letter from the government which stated previous submissions to the Court regarding applications targeting Carter W. Page included misstatements or omissions of material fact. The Office of Inspector General (OIG) discovered Carter Page had a prior reporting relationship with separate government agency, and those at the FBI did not disclose this to the Court, and an attorney from the FBI’s Office of General Counsel (OGC) had altered an email from the other government agency regarding its relationship with Page to state that Page was not a source. That attorney has since resigned from the FBI. The letters also indicated that not all of the OIG’s findings were in the letters given to the Court a separate Rule 13 letter was being prepared.

The Court ordered the government to: 1) identify all matters currently before the Court that involved the participation of the OGC attorney described above, 2) describe steps taken by the DOJ or FBI to verify that the government’s submissions in those matters are complete and fully describe the material facts and circumstances, and 3) advice whether the conduct of the FBI OGC attorney has been referred to appropriate bar association(s) for investigation or possible disciplinary action.