The National Security Agency (NSA) say huh-uh, citing national security concerns, but they don’t listen in, right? Why would they think his phone records have anything to do with national security?
A defendant in a Florida murder trial says telephone records collected by the NSA as part of its surveillance programs hold evidence that would help prove his innocence, and his lawyer has demanded that prosecutors produce those records. On Wednesday, the federal government filed a motion saying it would refuse, citing national security. But experts say the novel legal argument could encourage other lawyers to fight for access to the newly disclosed NSA surveillance database…
Defendant Terrance Brown is accused of participating in the 2010 murder of a Brinks security truck driver. Brown maintains his innocence, and claims cellphone location records would show he wasn’t at the scene of the crime. Brown’s cellphone provider — MetroPCS — couldn’t produce those records during discovery because it had deleted the data already. Source: The Red Tape Chronicles
Haven’t we heard that if the NSA needed to access records, with a warrant of course, they could trace who the call was made too, how long the call lasted and where the call was made? In the case of Terrance Brown, the “federal government does not have the data the suspect seeks — cell site location information, or CSLI.”
NSA has invoked CIPA (Classified Information Procedures Act) – Terrance Brown’s murder is surely classified, and CIPA give the government the right to explain to a judge, privately, why they will not release the requested records.
Let the lawsuits roll (can a private citizen sue the government?).