on Nunes Memo: isn't standard of proof for a warrant much, much lower than evidence for trial?

[yurbud]

Is there any requirement to include exculpatory evidence in the warrant application?

[MineralMan]

1. FISA surveillance warrants are not typical of things like arrest warrants.

And the standard of evidence for intelligence surveillance of a US Citizen are very high, indeed. That is to protect our 4th Amendment rights. Support for issuance of one of those warrants is extensive and well-documented.

[yurbud]

2. Then why the mass data surveillance of everyone?

[MineralMan]

3. By whom? It's actually pretty much a myth.

Really, it is corporations who are gathering data on everyone, not the government. The government has the IRS, which collects a lot of information on individuals. If you're in the Social Security system, a lot of information has been gathered by that administration as well.

But, Google, Amazon, and other companies compile far more data on people than the government does.

If you think the feds are monitoring your phone calls and emails, you're mistaken. They're not. They don't care about your phone calls and emails, unless you're corresponding with or talking to foreign surveillance targets. Then, they might be interested. Maybe. But, to actively collect your communications of that type requires a FISA warrant.

You and I simply do not matter to the federal government one little bit, beyond tax collection and Social Security. Your state has information, if you have a driver's license and are registered to vote, as well, but the state doesn't care about your personal communications, either.

[The Velveteen Ocelot]

4. Yes. FISA warrants require more than an ordinary wiretap or surveillance warrant

but less than trial evidence: "Approval of a FISA application requires the court find probable cause that the target of the surveillance be a "foreign power" or an "agent of a foreign power", and that the places at which surveillance is requested is used or will be used by that foreign power or its agent. In addition, the court must find that the proposed surveillance meet certain "minimization requirements" for information pertaining to U.S. persons." https://en.wikipedia.org/wiki/Foreign_Intelligence_Surveillance_Act

"Probable cause" in the law means a reasonable basis for believing a crime may have been committed. Officers can't ignore exculpatory evidence or misrepresent facts. when applying for a search warrant.

At a trial, the prosecution must prove all elements of the charged offense beyond a reasonable doubt. Exculpatory evidence must be disclosed to the defense (Brady disclosures) before trial, and failure to do so can be grounds for a new trial.

[yurbud]

6. That sounds credible

[IllinoisBirdWatcher]

5. FISA warrants have a much higher threshold than local search warrants.

Every lawyer and investigator commenting on national news continues to point out that the "secret" part of FISA warrant applications can run over 50 pages of documentation which are then vetted at several levels to protect the citizen(s) involved before they can even be submitted to the FISA court.

More detail can be found here.

[kentuck]

7. But "bias" is not a factor in whether a FISA warrant is issued or not.

I heard someone say that they know they are not dealing with Sunday school teachers or librarians, they are dealing with terrorists and criminals, and such. They are looking for facts, not whether someone is biased against a target or not. It is a false argument by the Trump crowd.

[bigtree]

8. it's the renewals that are notable

...to get two renewals of the warrant, something must have come of the first one.

There's normally a need to show that the initial one was productive in some way.

[yurbud]

9. good point.