Jonathan Oberman, a professor who trains public defenders at Cardozo Law School, also scoffs at Vance’s reasoning. “There are conflicting stories from a witness?” he says. “Okay — then just apply the same standard to poor and low-income people and let them derive the same benefit.”
February 2, 2018 - In a BuzzFeed article on the House Intelligence Committee's Republican-written memo released today, Professor Deborah Pearlstein comments on the steps needed for the FBI to obtain a FISA warrant. The article states that the memo "draws attention to the secret process the FBI and other agencies use to get permission to conduct surveillance on suspected foreign intelligence agents."
The memo asserts the FBI relied on a "so-called dossier commissioned by a Washington research firm working for the Democratic Party." But Professor Deborah Pearlstein says the the court would require more documentation than what the dossier provides.
“The FBI would want to know more than what was contained in the dossier. And the FISA court would certainly want to know more than what was contained in the dossier,” said Deborah Pearlstein, a constitutional-law scholar at Cardozo School of Law in New York.