This was an issue that occurred during the Pigeonstan case. The Indictment requested the court to order the preservation of evidence. The court did and there was some issues within the community asking what the court was relying on in making that order. In addition to that, Pigeonstand deleted the messages as soon as he saw the indictment. I would argue there is an inherent power of the court to order the preservation of evidence that may be presented at trial, in order to ensure a fair and just trial occurs. In this example, the defendant deleted the evidence, in the next the Government may. I think there should also be a way for us to address evidence that is altered or destroyed after the indictment is filed or such an order is given.
So the rule I would like to propose is this and it would, obviosuly go in the Evidence section of the court procedures. I think it would fit as rule 1 with everything else shifted down, since it would be the first step in an indictment filing.
So the rule I would like to propose is this and it would, obviosuly go in the Evidence section of the court procedures. I think it would fit as rule 1 with everything else shifted down, since it would be the first step in an indictment filing.
