What the FISA Warrants Against Paul Manafort Tell Us About Mueller’s Investigation | Just Security
First, the probable cause standard required the FBI to provide evidence that Manafort was “knowingly engaging in clandestine intelligence activities” (rather than merely being “an agent of a foreign power”)– in other words, that he wasn’t just acting on behalf of a foreign power, but that he was doing so with full knowledge that what he was doing involved spying. Second, in order to continue monitoring Manafort, the FBI would have been required to check in with the FISA court every 90 days and show that their surveillance had, in fact, produced foreign intelligence information. Only with this continuing, additional evidence would the FISA order be renewed for an additional 90 days at a time.