A basic legal tenet is that a defendant, through the discovery process, has the right to see the government's evidence. However, in this case, the defense has been denied access as the government is claiming the evidence is classified. So the defendant is challenging the constitutionality of the 2008 law. How can this law be constitutional? In U.S. jurisprudence, a defendant is innocent until proven guilty. If there is suspicion, then the government should be required to obtain a court order allowing such surveillance.