U.S. v. Clinesmith: Amicus Brief in Support of Motion for Relief Under The Crime Victims' Rights Act

Abstract

This amicus brief was filed in the U.S. District Court for the District of Columbia in support of Dr. Carter Page’s motion to be recognized as a “victim” under the Crime Victims’ Rights Act (CVRA) in U.S. v. Clinesmith. The brief discusses the important issue who qualifies as a “victim” for purposes of obtaining CVRA protections and concludes that Dr. Page is a “victim” in the case.

In the underlying criminal case, Page argues that he is a “victim” of Clinesmith’s false statement, made in connection with FISA warrant renewal application by the Government to surveil Dr. Page’s communications. The amicus brief provides background on the CVRA’s expansive protections, which cover any individual who is “directly and proximately harmed” as the result of a crime. In this case, because Clinesmith’s false statement subverted the FISA process by providing false information to the FISA Court, the false statement alone created sufficient harm to trigger CVRA “victim” status.

The amicus organizations on this brief are the National Crime Victim Law Institute, The National Organization for Victim Assistance, The National Center for Victims of Crime, Arizona Voice for Crime Victims, The Network for Victim Recovery of the District Of Columbia, Ohio Crime Victim Justice Center, Rocky Mountain Victim Law Center, South Carolina Victim Assistance Network, And Utah Crime Victims Legal Clinic as Amici Curiae In Support of Motion for Relief Under the Crime Victims’ Rights Act

Keywords: Crime Victims' Rights Act, FISA, harm, crime victim