No. 25-705

Carter Page v. James B. Comey, et al.

Lower Court: District of Columbia
Docketed: 2025-12-18
Status: Pending
Type: Paid
Amici (2) Experienced Counsel
Tags: accrual-of-claims fbi-misconduct fourth-amendment government-liability inspector-general-report surveillance-warrant
Key Terms:
FourthAmendment CriminalProcedure Securities Privacy JusticiabilityDoctri
Latest Conference: N/A
Question Presented (AI Summary)

Do claims that the government violated surveillance authorities accrue as a matter of law based merely on facts that might lead a victim to suspect unlawful surveillance, rather than on facts that would establish a basis for relief?

Question Presented (from Petition)

The Federal Bureau of Investigation obtained four warrants from the Foreign Intelligence Surveillance Court to surveil Petitioner Dr. Carter Page. But its applications contained multiple errors, omissions, and misstatements that the FBI later concluded vitiated its showing of probable cause. Worse, it was later revealed that two agents leaked information about the FBI’s surveillance to the press, resulting in an April 2017 article in The Washington Post on which the g overnment expressly “declined to comment.” The United States first acknowledged it s surveillance abuses in an Office of the Inspector General report two years later . Less than a year later , Dr. Page sued the individual respondents —the FBI officials and leaders involved in the surveillance —for unlawfully surveilling him and unlawfully using or disclosing surveil lance -obtain ed information . The D.C. Circuit held that Dr. Page’s claims accrued, not when the government acknowledged its abuses, but when Dr. Page became aware of the anonymous ly sourced , unverified news article . And the D.C. Circuit did so without applying —and in contravention of—this Court’s “standard rule ” that a claim does not accrue “until the plaintiff can file suit and obtain relief .” Corner Post, Inc. v. Board of Governors of Fed. Rsrv. Sys. , 603 U.S. 799, 810 -811 (2024) (emphasis added) . The question presented is : Do claims that the government violated surveillance authorities accrue as a matter of law based merely on facts that might lead a victim to suspect unlawful surveillance , rather than on facts that would establish a basis for relief ?

Docket Entries

2026-01-20
Amicus brief of Liberty Justice Center submitted.
2026-01-20
Amicus brief of Southern Policy Law Institute and Unify.US submitted.
2026-01-20
Brief amici curiae of Southern Policy Law Institute, et al. filed.
2026-01-20
Brief amicus curiae of Liberty Justice Center filed.
2026-01-14
Motion to extend the time to file a response is granted and the time is extended to and including February 19, 2026, for all respondents.
2026-01-12
Motion to extend the time to file a response is granted and the time is extended to and including February 19, 2026.
2026-01-12
Motion to extend the time to file a response from January 20, 2026 to February 19, 2026, submitted to The Clerk.
2026-01-08
Motion to extend the time to file a response from January 20, 2026 to February 19, 2026, submitted to The Clerk.
2025-12-11
Petition for a writ of certiorari filed. (Response due January 20, 2026)
2025-10-03
Application (25A385) granted by The Chief Justice extending the time to file until December 11, 2025.
2025-09-30
Application (25A385) to extend the time to file a petition for a writ of certiorari from October 12, 2025 to December 11, 2025, submitted to The Chief Justice.

Attorneys

Carter Page
Gene Clayton SchaerrSchaerr | Jaffe, Petitioner
Gene Clayton SchaerrSchaerr | Jaffe, Petitioner
Gene Clayton SchaerrSchaerr | Jaffe, Petitioner
Joe Pientka III
Joseph Russell PalmoreMorrison & Foerster LLP, Respondent
Joseph Russell PalmoreMorrison & Foerster LLP, Respondent
Joseph Russell PalmoreMorrison & Foerster LLP, Respondent
Liberty Justice Center
Jeffrey Michael SchwabLiberty Justice Center, Amicus
Jeffrey Michael SchwabLiberty Justice Center, Amicus
Jeffrey Michael SchwabLiberty Justice Center, Amicus
Southern Policy Law Institute and Unify.US
Theodore Mark CoopersteinTheodore Cooperstein PLLC, Amicus
Theodore Mark CoopersteinTheodore Cooperstein PLLC, Amicus
Theodore Mark CoopersteinTheodore Cooperstein PLLC, Amicus
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent