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DEC 05 2019
LC!&Ann Flynn Hall, .Ciert of Court

UNITED STATES
FOREIGN INTELLIGENCE SURVEILLANCE COURT
WASHINGTON, D.C.

IN RE ALL MA'ITERS SUBMITIED TO THE

Docket No.

FOREIGN INTELLIGENCE SURVEILLANCE COURT

ORDER
On October 25, 2019, and November 27, 2019, the United States fLied letters concerning
information relevant to applications targeting Carter w. Page approved by the Court. See

Preliminary Supplemental Rule 13(a) letter regarding applications submitted to the Court
targeting Carter W Page in Docket Numbers 2016-1182, 2017-0052, 2017-0375, and 20170679 (October 25, 2019) ("Preliminary Letter"); Supplemental Rule 13(a) letter regarding
applications submitted to the Court targeting Carter W. Page in Docket Numbers 2016-1182,
2017-0052, 2017-0375, and 2017-0679 (November 27, 2019) ("Supplemental Letter"). The
United States filed those letters pursuant to Rule 13(a) of the Rules of Procedure for the Foreign
Intelligence Surveillance Court. Rule 13(a) requires that the government immediately infonn the
Court if it discovers that a submission to the Court contained a misstatement or omission of
material fact, including, among other things, the facts and circumstances relevant to the
misstatement or omission. FISC R Proc. 13(a).
The Preliminary Letter infonned the Court that in the course of conducting an

"Examination of the Department's and the FBI's Compliance with the Legal Requirements and
Policies in Applications Filed with the US Foreign Intelligence Surveillance Court Relating to
a Certain US. Person," the Office of the Inspector General (OIG) discovered that Carter Page
had a prior reporting relationship with a separate United States Government Agency (USGA), a
limited number of personnel at the Federal Bureau of Investigation (FBI) were aware of the
existence of the relationshjp but did not disclose it to the Court, and an attorney in the FBI's
Office of the General Counsel (OGC) had altered an email from the other USGA regarding that
relationship to sta:te that Page was not a source. The Preliminary Letter also. indicated that the
attorney who altered the email had resigned from the
the OIG had made a criminal referral
of the matter to the Department of Justice,

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The Supplemental Letter identified the
the USGA and
provided additional information on the matter, some
specific requests
made by the Court concerning the conduct of the FBI OGC attorney and the nature of Page's
prior reporting relationship. The United States noted, however, that.not all of the detailed
findings of the OIG regarding those issues were contained in the letter and the full OIG's report,
which was still being finalized, would be provided to the Court. To date, the Court has not
received any part of that report in any form. The United States also noted that a separate Rule 13
letter describing other information of which it had become aware as a result of the OIG
investigation was being prepared.

In light of the United States' obligation to infonn the Court ofthe facts and
circumstances relevant to any misstatement or omission of material fact contained in a
submission to the Court immediately upon discovery, it is hereby ORDERED that any
subsequent notice to the Court concerning additional facts and circumstances reportable under
Rule 13(a) that were discovered as a result of the OIG investigation (whether in the form of the
full OIG report or a separate Rule 13(a) letter to the Court) be accompanied by an explanation of
any delay between the conclusion ofthe OIG's investigation and the Court's receipt of the
required reporting.
It is further ORDERED that by written submission on or before December 20, 2019, the
United States shall:

(1) Identify all other matters currently or previously before this Court that involved
the participation of the FBI OGC attorney whose conduct was described in the
Preliminary Letter and Supplement Letter;
(2) Describe any steps taken or to be taken by the Department of Justice or FBI to
verify that the United States' submissions in those matters completely and fully
described the material facts and circumstances; and
(3) Advise whether the conduct of the FBI OGC attorney bas been referred to the
appropriate bar association(s) for investigation or possible disciplinary action.
I

Entered this.jth day of December, 2019.

~M~/
R
ROSE

M. COLL

Judge, United States Foreign
Intelligence Surveillance Court

- D e p u t y Clerk,
1

f:~this document
Is a·t.:Ue and correct
the

original.

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