“Falsehood flies, and truth comes limping after it, so that when men come to be undeceived, it is too late; the jest is over, and the tale hath had its effect: […] like a physician, who hath found out an infallible medicine, after the patient is dead.” —Jonathan Swift

  • 109 Posts
  • 1.08K Comments
Joined 2 years ago
cake
Cake day: July 25th, 2024

help-circle







  • I’d likely be so continually high on a cocktail of chemicals that I’d be having lively conversations and never fully realize I was the only real person left.

    Pretty bold assumption that out of over 8 billion people jumping off a cliff, not one of them would survive in a way that they could rescue themself. (Fuck it, if we’re assuming it’s literally “a cliff”, singular, they’d probably physically have to stop at some point.)











  • Well, yes. If you didn’t know by now that impeding a federal investigation by destroying records is illegal, then I don’t know what to tell you. (Edit: That said, this was charged under a somewhat different statute. I was trying to answer specifically your question.)

    The point in dispute here is that the search was an illegal violation of the Fourth Amendment in the first place, and consequently the wipe proceeding that cannot be prosecuted because the government had no legal right to access that information to begin with – that is, it was always defendent’s to do with whatever they wanted, and they were under no obligation to preserve records.


    Edit: I will say I haven’t directly read the defense’s arguments, so there could be more nuance here/I could be outright wrong about the grounds of the argument thanks to the telephone game.

    I’d assume based on the specific charge that the hitch the defense is arguing is based on the word:

    for the purpose of preventing or impairing the Government’s lawful authority to take such property into its custody or control

    If the Government has no lawful authority, then no crime, it’d seem.