In his final response, Cole defended himself, stating that his argument about the constitutionality of section 218 was because it "deprives FISA of its constitutional justification" — previously, he says, FISA searches were justified without reasonable cause justifications because they fell under an "administrative search" exception in the constitution. However, Cole says that the Supreme Court has held that this "does not apply where the government's purpose is criminal law enforcement". Now that the Patriot Act makes foreign intelligence gathering the significant and not sole reason for FISA searches, allowing for criminal searches under FISA, Cole believes that such searches would then by on constitutionally shaky ground. Cole argues that McCarthy's argument is based on a false premise: that section 218 is constitutional because, in McCarthy's words, "mandat[es that intelligence gathering be "a primary purpose," constrains the government in a way that neither the Fourth Amendment nor FISA does". Cole disputes this, and says that "the very purpose of Section 218 was to eliminate the 'primary purpose' requirement". Cole also believes that McCarthy is wrong when he asserts that FISA targets only those "foreign powers" engaged in intelligence gathering, sabotage or international terrorism (McCarthy cited ). Cole cites , where FISA defines a "foreign power" as "a foreign-based political organization, not substantially composed of United States persons." and defines an "agent" of a foreign power to be those who are "an officer or employee of a foreign power." This, he says, is too broad, giving the example where a "British citizen working here as an employee of Amnesty International is an 'agent of a foreign power.'". Cole finally points out that McCarthy does not address his suggestion that "[FISA should be amended to permit defendants in those prosecutions access to the FISA applications to challenge the warrant's validity".