Federal prosecutors say a National Security Agency telephone surveillance program does not have phone records sought by a South Florida man on trial for armored car robberies, including one in which a courier was killed.
The lawyer for defendant Terrance Brown says cell phone records could show he was not in the vicinity of one 2010 robbery. Because Brown's phone provider no longer had the records, his attorney said they may have been produced by the recently-disclosed, classified NSA surveillance program.
This week the Justice Department responded that the NSA program does not acquire data showing geographic locations of cell phone calls. Prosecutors filed a longer, classified version fully explaining the program to the judge.
The Justice Department wants the judge to deny Brown's attempt to get NSA records.