Quote:
Originally Posted by gideongallery
there is no weakening of the safe harbor provision, it a special case where they destroyed any potential proof that the safe harbor provision doesn't apply and the judge ruling you can destroy potentially incriminating evidence and use an affirmative defence at the same time. There has been similar case law around for years.
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Judges are changing the goal posts. If a prosecutor can show the safe harbor is not as tight as the defense claims. They can be asked to prove it. Once the defense evades the question, destroys evidence it's very much case over.