Right now, these lawyers go before the FISA court, knowing its a rubber stamp...the get cover, for free.
How can you criticize them?...after all, the FISA court said it was ok. It provides them cover.
It would be a different matter if the FBI spied on a political campaign, and had to directly defend their decisions to do so...and put their law licenses on the line for authorizing surveillance. Right now, they can hide behind the FISA court...a court which trusts them anyway, and provides no secondary review at all--rubber stamp court. Remove the rubber stamp protection...don't give two rubber stamp shields to them.
Spying on foreigners shouldn't require a warrant anyway. But Americans shouldn't be less protected.
The FISA court didn't fail us only if you think their job was to provide cover. If you think their job was to be a court, and to protect individual rights, then they totally failed us.