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To: Jeffrey S. Mitchell who wrote (6856)	12/8/2004 11:36:21 AM
From: rrufff	Read Replies (1) of 12465

I don't disagree with your post in general but I believe you are confusing 2 concepts. Obviously if the law requires you to keep records and you do not, you already have broken the law. Your statement is correct but that is not what is at issue here. Here we are talking about alleged obstruction of justice. The important issue is not whether or not the law requires someone to keep records. If the law did require it, then it is easier to prove obstruction. It's a matter of fact and evidence. If there is no law that requires keeping records, and I doubt there is a law that says "thou shalt keep weblogs," and someone destroyed them in the normal course, that would be an evidentiary plus. However, if the destroyer had reason to know that the destruction was to hide illegal activity, then a case could be made for obstruction of justice, even if he normally destroyed records every few months or days, etc. Intent here is key, keeping in mind that we are talking criminal activity and the government must prove the essential elements of the crime beyond a reasonable doubt.

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