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Brad Heath@bradheath.bsky.social |
They do at least cite a case where failure to preserve evidence in the original form led to dismissal. But it still seems like more of a thing they could argue at trial to contest the government's case.
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Brad Heath
@bradheath.bsky.social
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Here's the case they cite: scholar.google.com/scholar_case.... it's pretty clearly distinguishable: There, the gov't basically destroyed all the physical evidence without making any record of what it was. Here, there are lots of scans, photos, lists, etc.
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emptywheel
@emptywheel.bsky.social
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I'm actually more sympathetic to this arg than any of their prior ones. Though partly bc Hur's case against Biden should have relied on doc order in That One Box In His Garage, and FBI fucked that up too.
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