Is Submitting a False Statement to the FISA Court a “Victimless” Crime?

The Volokh Conspiracy

The general issue of who qualifies as a "victim" under the CVRA is a foundational question for protecting "victim's" rights and thus is extremely important to the crime victims' movement.

Along with victims' rights attorney James Marsh, I have filed an amicus brief in support of Dr. Page's position that he is a "victim" under the Act. My brief on behalf of the National Crime Victims Law Institute, the National Organization for Victim Assistance, the National Center for Victims of Crime, and other leading crime victims' rights organizations explains why Dr. Page's position that he is a "victim" is correct, but suggests a slightly simpler route to the same conclusion. Rather than relying on the ultimate effects of the FISA warrant being granted based on the false information about Dr. Page, the amicus victims' organizations explain that the submission of a false statement itself is "direct and proximate harm" sufficient to create "victim" status under the CVRA.