Apples and oranges.
That 2% is the fraction of warrant applications that have been rejected.
I was referring to the part of FISA law that provides civil penalties to people who are snooped without a warrant. There have been many cases, lawsuits on that statute, 50 USC 1810. ZERO of those cases proceed. The government declares "state secret," and that's the end of that.
I think I reversed the assignment of FISA Titles to Carter Page and to blanket surveillance. The FISC opinion DiGenova had in his mitts was on the subject of blanket/702 surveillance. Maybe that case has something to do with the Carter Page warrant, but only tangentially in that maybe the blanket surveillance and unmasking uncovered the name, which was used to pivot to a named-person, Title I warrant against Carter Page and associates.
IIRC, the court was led to believe that Carter Page was a soviet agent. This means that anyone he came in contact with could be spied on-even if he just exchanged a few words in the lobby of some building.
In actuality, it looked to me like Carter Page was an FBI asset used to set up stings for trapping Russian spies. So they used his work for FBI to make it look like he was an agent to get the warrant to spy on everyone in Trump Camp that they wanted to.
I always think of Carter Page as a Russian Rabbit - gleefully hopping around and tagging everything and everyone encountered - tag your it - Another Russian Agent.