A question - is there a legal requirement to include exculpatory evidence when requesting a warrant? I would think that is a matter for discovery. Using unverified info in the FISA warrant, and not revealing the source, to me is the most serious issue here
It’s a secret court in which the target, an American citizen’s right against illegal search and seizure are not defended. Further, each renewal requires exculpatory evidence to be provided which it was not. Rosenstein is in deep doo doo along with the other signers.
I think (but I am not a lawyer, I don’t even play one on TV) that they must include anything they know.
Sure, legally they are probably only compelled to produce that evidence for discovery.
However, if they had verified evidence in their possession that conflicted with the unverified contents of the dossier that they were using as basis for their warrant, and they didn’t disclose that to the judge... isn’t that the same as lying to the judge? That is certainly perjury, at the least.
Exculpatory evidence is part of the “whole truth, nothing but the truth”. You can’t just leave something out.