If they don't have to respond to discovery, they certainly are legally required to respond to this.
If they play the "national security" or "privacy" card, this defendant has a strong case to appeal any conviction considering that the existence of this database has been essentially "unclassified" by POTUS with his public acknowledgements.
http://www.nsa.gov/public_info/foia/submit_foia_request/foia...
If they don't have to respond to discovery, they certainly are legally required to respond to this.
If they play the "national security" or "privacy" card, this defendant has a strong case to appeal any conviction considering that the existence of this database has been essentially "unclassified" by POTUS with his public acknowledgements.