Similarly, McCarthy argues that the separation of foreign intelligence and criminal investigation is a false dichotomy, in that "the existence of a crime or national security threat is an objective reality, entirely independent of the investigators' subjective mindsets about why they are investigating". He believes that it is wrong "to suspect systematically dishonest resort to FISA [, as] FISA applications require a specialized and rigorous internal approval process before presentation to the court. Assuming arguendo an agent willing to act corruptly, it would be far easier and less detectable to fabricate the evidence necessary to get an ordinary criminal wiretap than to fabricate a national security reason to use FISA". McCarthy believes that over time, the U.S. Justice Department misinterpreted FISA to believe that criminal investigations could not be undertaken under FISA, but "began construing the certification not as a mere "announcement of purpose" but as something more restrictive: a "substantive limitation" on the use of FISA evidence in criminal cases". McCarthy then explains that the Foreign Intelligence Surveillance Court of Review found that ""clearly did not preclude or limit the government's use ... of foreign intelligence information, which included evidence of certain kinds of criminal activity, in a criminal prosecution." McCarthy then notes the practical consequences of the U.S. DoJ's misinterpretation of FISA: