ummmmmmm not sure there may be a reasonable man test here. 

http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00001519----000-.html

It would appear to hinge on "knowingly"

Dana

On 7/28/05, Jerry Johnson <[EMAIL PROTECTED]> wrote:
> Nope. I think there is no obstruction of justice if they had not, yet,
> been formally notified to preserve the documents.
> 
> Another example of finer parsing than Clinton ever used.
> 
> On 7/28/05, Gruss Gott <[EMAIL PROTECTED]> wrote:
> > > Sam wrote:
> > > The gonzales story is old news. The rest of the blog is Bush bashing 
> > > nonsence,
> > >
> >
> > Old and new.  What's new is that Mr. Gonzales seems to have included
> > Mr. Card in possible obstruction of justice.  All they need to find is
> > one shred of evidence that Mr. Card dumped files that they both might
> > go down.
> 
> 

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