[just2n]

The secrecy of the information FOIA is supposed to help alleviate (it doesn't really because it's a catch-22) bothers me a lot.

If the government is amassing information on individuals to prove guilt of some crime, by withholding that information from counsel, it's very possible that evidence that proves the individual is completely innocent may be destroyed inadvertently since the individual has no idea what they might be someday accused of.

[tsaoutourpants]

There are tons of problems with the NSA having this data, and I think they are just beginning to learn that. There's a news headline out there now that a bank robbery suspect has now requested his NSA records to prove he wasn't there. The shit is about to hit the fan (or "additional shit" I should say!)

Of course, you could always keep a copy of every phone bill you receive if you want permanent proof of what you were up to.

[tsaoutourpants]

@chris_mahan - Not exactly. In a criminal trial, it's the government that needs to prove things, and all you need to do is cast doubt. A showing that your phone was, for example, being used to call your mom at the same time that someone was getting smashed with a sledge hammer might be sufficient to give a jury reasonable doubt. You can call your mom to testify to authenticate the records, too.

[Shivetya]

so that is why prosecutors ramp up the charges and offer you a plea. By the time it rolls to trial those phone records won't be available to bolster you case.

Casting doubt is one thing, prosecutors seem intent they never get in front of a jury and if they do they will do their best to suppress any evidence in your favor.

[tsaoutourpants]

This is true. It's interesting how in order to get your right to a trial, you're basically placing a gamble.

[chris_mahan]

You'd have to prove that it was you talking on the phone. You'd need a recording of the conversation for the judge to be sure.

[genwin]

Presumably the NSA knows his location during the bank robbery, via his cell phone data. He needn't have been talking on the phone at the time. If his location was miles away then he should be off the hook.

[taftster]

Assuming he didn't leave it with his cousin Cletus who placed the phone call instead. NSA metadata does not help the accused in any way.

[genwin]

It would be a piece of evidence to counter the prosecution's evidence against him. If his DNA is on the money, it won't help much. But if the prosecution has no hard evidence, it could form reasonable doubt of guilt.

[khuey]

Reasonable doubt.

[genwin]

Your phone bill doesn't tell you your minute-by-minute location. That what the bank robbery suspect wants evidence for.