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Attack on NSA’s Bulk Collection of Emails Doomed by Bad Evidence

March 2, 2020, 7:01 PM

A suit challenging the National Security Agency’s alleged collection of domestic emails in bulk without probable cause through its PRISM program was properly dismissed, the Third Circuit said.

The district court ruled Elliott Schuchardt’s evidence was inadmissible, the unpublished opinion by Judge Thomas L. Ambron said. The appeals court contrasted “Schuchardt’s lack of competent evidence against the admissible submissions by the Government.”

Schuchardt’s evidence was newspaper reports about documents leaked by former NSA contractor Edward Snowden, two internal NSA slides, and affidavits from former NSA employees.

The slides were unauthenticated, the appeals court said. Schuchardt didn’t explain what they were, ...