Comment by gruez
4 hours ago
A trucker passes a weigh station and is signaled to pull in. As he's pulling in, he's seen dumping the contents of a bottle onto the ground. Is this destruction of evidence or obstruction of justice? He's not under any investigation (trucks are regularly weighed at weigh stations as a matter of normal procedure).
A company is engaged in some white collar crime. They're tipped off that the DoJ launched an investigation on them. No warrants/subpoenas have been issued, and no investigators have shown up. The company instructs the IT team to scrub their email servers. Is this destruction of evidence or obstruction of justice?
> Is this destruction of evidence or obstruction of justice?
The investigators can (and have) threatened both as a tactic, but when the charges are files, the specifics are what the prosecution thinks they can get a conviction on. I think it's understood that the law is interpreted, which has given great leeway to narrative.