I can't believe it when prosecutors say sh*t like this:
It might end up tanking the criminal case. But building a criminal case is not what intelligence division agents are focused on when they are trying to figure out if Scientist X is a spy or not a spy. The only goal for the intelligence agent is to get an answer to that question.
The FBI has an "Intelligence Division" and a "Criminal Division" -- they do separate kinds of work. The "Intelligence Division" is not gathering evidence for purposes of a court proceeding. They have more "leeway" for their conduct. Their goal is to simply get information.
He was a prosecutor and doesn't understand that espionage is a criminal offense?