This case is screwed up. This shouldn't be a thing. At least allow the requester to pay for the recovery (limited to a certain amount) like they do with other things under FOIA.

I've litigated a lot of FOIA. I would definitely try litigating this. Why don't the NSA write all their records to an obsolete format and then destroy the writer. That way they never need respond to a FOIA request again.

I once made a FOIA request and the public body claimed they had put the records in a trash can minutes before they received my request and the FOIA "does not require a public body to reach into the trash to recover records." LOL .. another one for the appellate courts.