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Comment by mrandish

2 hours ago

> you can very likely be faced with charges of obstruction of justice or even perjury.

If they can't compel you to enter a password (courts have ruled passwords are 'speech' and the government can't compel or constrain speech, absent some well-defined grounds for doing so. There IS law around spoliation of evidence but AFAIK this requires a judge issuing an order. Of course, suddenly taking actions you wouldn't otherwise have on learning you're under suspicion could be claimed by a prosecutor in court as circumstantial evidence of guilt but it's not a cause of action in the first place until you're notified by a court to preserve evidence. Can a prosecutor try to construct a theory that the alleged actions do amount to obstruction? They can try but it's a serious long shot. I think this is a case of this administration directing the justice department to bring yet another dubious, likely-to-lose case as an extremely aggressive way to make a point by trying to assert and establish rights they don't actually have. So far, their track record in such cases hasn't been good.

> Note that if you're not a citizen of the USA

Yes, everything is different in this context if you're not a U.S. citizen. The U.S. govt can deny entry to non-citizens essentially without justification. I think this sucks as it goes against long-held American ideals around presumption of innocence, consistent treatment under the law, standards of evidence and having cause, but it's not currently prohibited.