At 01:31 AM 8/1/01 -0700, Petro wrote:
I say this is bullshit. By your vague (no plausible cites, just some
1L literatlisms), whispering is spoliation. Failure to archive tape recordings of conversations is spoliation. Use of encryption is spoliation. Drawing the curtains is spoliation.
No, but destroying audio tapes, or blanking over bits of them *is*.
Actually if Giotti found a tape recorder (or keyboard bug) in his house I'm pretty sure he'd do more than blank its bits... *legally*, and despite the obvious implication that someone's investigating something.. Behavior can't be 'contemptous' of court orders if there are none. You can't spoil evidence if the artifacts are not yet identified as evidence. Its not illegal for Condit to toss all the evidence of his fucking-anything-that-moves, because no judge has asked for it.