Authority granted to the federal government to secretly wiretap and spy on former Trump affiliate Carter Page was “not valid,” the nation’s top spy court noted in a secret ruling penned earlier this month. The order from the Foreign Intelligence Surveillance Court (FISC), which was created and authorized by the Foreign Intelligence Surveillance Act (FISA), was initially signed and issued on January 7, 2020, but was not declassified and released until Thursday afternoon.
Judge James Boasberg, the current federal judge presiding over the FISA court, wrote in his order that at least two of the four FISA applications against Carter Page were unlawfully authorized. Additionally, according his order, the Department of Justice similarly concluded following the release of a sprawling investigate report on the matter by the agency’s inspector general that the government did not have probable cause that Page was acting as an agent of a foreign power. The FISA law states that American citizens cannot be secretly spied on by the U.S. government absent probable cause, based on valid evidence, that an American is unlawfully acting as a foreign agent.