FOIA
The NSA is not an agency subject to FOIA.
The sole statutory function of the agency is to advise the President.
Precedent suggesting that it is an agency subject to FOIA derives from the time when it ran the CIA.
No additional APA jurisdiction from staff structure, Presidential directives, prior rulemmakings, etc.
Dismissal on merits proper, because the FOIA requirements are not jurisdictional but instead speak to the remedies available to the court.
Discovery properly denied, as there was no showing of eventual remedy.
"X-Files" Bonus: No caption on the Circuits's web page - just linked from a hyphen in the upper-left.
http://www.ca2.uscourts.gov/decisions/isysquery/5cfcaf68-de00-4f91-ab9b-7ae48aa36f61/1/doc/13-3792comb_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/5cfcaf68-de00-4f91-ab9b-7ae48aa36f61/1/hilite/
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.