(Washington, D.C.)—The Fourth Amendment protects Americans from unreasonable searches and seizures, but secret surveillance under the Foreign Intelligence Surveillance Act (FISA) can leave victims without a meaningful way to vindicate their rights, especially when the key facts remain classified for years and victims don’t know they are being surveilled. But when there are anonymous reports, rumors, and speculation about a person being subject to FISA surveillance, when does the limitations period—the time period in which a person must file suit after they know about their injury—begin? Is it when the anonymous report, rumor, or speculation is made, or when evidence of the government misconduct is finally made public?
Because of the grave risks posed by unchecked government surveillance, the Liberty Justice Center has filed an amicus brief in Page v. Comey asking the U.S. Supreme Court to take up the case and ensure that victims of surveillance abuse can have their day in court. The brief argues that the FBI cannot be allowed to evade judicial review because evidence of surveillance is kept secret until the limitations period expires.
The case stems from the FBI’s surveillance of Carter Page. While the Department of Justice (DOJ) eventually admitted to “at least 17 significant errors or omissions” in the FISA applications used to surveil him, the lower court held that Page’s claims were untimely. The court ruled that since Carter read two anonymously sourced news articles years earlier which claimed he was potentially the victim of illegal government surveillance, the clock for his lawsuit started then, even though the actual evidence of abuse remained classified at that time.
“The government is in possession of this information and exerts extensive control over where and when it is made public,” said Reilly Stephens, Senior Counsel and Director of Amicus Practice at the Liberty Justice Center. “To expect individual citizens to divine from anonymously sourced news articles facts the government is actively working to keep secret will ultimately deprive citizens of their day in court to vindicate their rights.”
Checks on executive power must be enforced, and the Liberty Justice Center is committed to holding government agencies, like the FBI, accountable for overstepping and violating the individual constitutional liberties of the citizens of this nation. This commitment can be seen through our various cases around the country, including Scholl v. ISP, where LJC sued the Illinois State Police and law enforcement officials for their illegal surveillance of citizens while driving their vehicles. This case is no different. No one is above the law, and the FBI must be held accountable for their violation of Page’s Fourth Amendment protection from unreasonable searches and seizures.
The Liberty Justice Center urges the Supreme Court to grant review and hold that cases can be brought when evidence of government abuse is finally made public. This is the only way to ensure that those responsible for violating constitutional rights face consequences and that the Fourth Amendment remains a meaningful protection for all Americans.
The Liberty Justice Center’s brief in Page v. Comey is available here.