With all the documents being subpoenaed, who trusts that it was all kept pristine all this time?!1

[UTUSN]

[Xipe Totec]

1. Muller is counting on it not being pristine

If one comma, one period, one epoch time is off, he has enough to fry them.

[Zoonart]

9. Betting their document

conservation is for shit like every other aspect of this intentionally incompetent administration.

[Xipe Totec]

10. The Duty To Preserve And Collect Electronic Evidence

Recent decisions concerning the preservation and protection of electronically stored information that may be relevant in potential or actual litigation show a clear trend to judicially impose a duty on both in-house and outside litigation counsel to safeguard and preserve potentially relevant evidence. In-house counsel must be aware of this duty and ensure that key personnel within the company are instructed to place a hold on such information so that it is not destroyed or altered under the client's routine document retention policies.

This duty is imposed on counsel as officers of the court. Failure to fulfill this duty can have severe consequences for litigants and may serve as a basis for a claim of legal malpractice against outside counsel who fail to properly advise and oversee the identification and preservation of electronic evidence.

When it can be reasonably anticipated that an action will be filed, all parties have a duty to preserve potentially relevant evidence. The term "evidence" includes all information, including not just hard copy documents, but all electronically stored information on any medium and in any electronic format. A party litigant requesting information has a right to obtain discoverable information from all sources, whether maintained in hard copy or stored electronically. The party responding to the discovery request must diligently take measures to identify all sources of responsive information.

The 1970 amendments to Rule 34 of the Federal Rules of Civil Procedure defined the term "document" to include information in any tangible format. The modern Rule states that the term "documents" includes more than mere copies of documents. As explained in the 1970 Advisory Committee Notes "electronic data compilations from which information can be obtained only with the use of detection devices" are included within the definition of "document."

https://www.americanbar.org/newsletter/publications/law_trends_news_practice_area_e_newsletter_home/0501_litigation_ediscovery.html

[unblock]

2. Honestly I think they're way too incompetent to effectively falsify a document trail

To your point, that doesn't mean they won't try....

[Roland99]

4. Im concerned about whats not turned over

No way I believe they haven’t deleted and/or shredded all kinds of documents.

[UTUSN]

5. Well, after watching Richard ENGEL's report on their branding m.o. in Panama

they have the scams/loopholes down pat, how to partner up with their fellow criminals while keeping the escape valves to themselves, and *continue* collecting brand income without the liabilities.

[marylandblue]

8. Notice how investigative journalism caught them without subpoenas

They didn't cover their tracks that well, they were counting on nobody looking too closely. And nobody did look too closely for decades.

[cilla4progress]

3. Do you recall

Between the election and inauguration word got out that Obama stashed bits of info all around the agencies? I’m assuming this includes documents.

[UTUSN]

7. Yip, but the subpoenaes are on the TWITLER peeps for *their* docs of the campaign/transition/etc.

[marylandblue]

6. In the internet age, it's actually hard to hide a document

Every time you email something, computers make multiple copies. And you have no way of controlling who the receiver sends a copy to. So it's not enough to delete your own emails, you have to scrub every server and computer with special erasing techniques, track down everyone who received it, scrub their servers and computers, and then hide the fact that you scrubbed all those computers.