This is a lovely variant of a technique I once used in disputing a bill with an energy company. Hey, if they record all the calls, then the information clearly exists and they have to provide it upon request, right?
Terrance Brown, 40, is on trial in South Florida for allegedly conspiring with four other men to hijack armored trucks delivering cash to banks in 2010. All have pleaded not guilty. But now Brown has come up with a unique defense: he wants the National Security Agency to turn over his phone records to the court to demonstrate his innocence.
The case, which is taking place in federal court, involves phone records – the FBI and prosecutors have been using cellphone records to demonstrate the men’s locations near the robbery attempts. The prosecution said that it was unable to get cellphone records from the time before September 2010 because the phone carrier had destroyed the records.
It will be interesting to see how the NSA tries to get out of producing the data it is so diligently acquiring.