Sadly I don't think so. I believe in that case it was certain that documents did exist and one party was just refusing to produce them. In this case, the NSA is

Sadly I don't think so. I believe in that case it was certain that documents did exist and one party was just refusing to produce them. In this case, the NSA is neither prosecution nor defense, and therefore doesn't have the same disclosure requirements. Further, there's no proof the NSA has such records. But, like most people in this thread, I am not a lawyer.