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by thatcat 2317 days ago
Oh, after the fact? I would agree that is definitely obstruction. Before the fact - maybe for business, but not for personal. 5th amendment is to protect against forcing someone to provide evidence against themselves whether that is through torture or coercion, it does not matter.
1 comments

But again you face the technicality: is providing access to already-existing documents "testimony" in the sense the fifth amendment intends? You can't torture someone into producing documents that don't exist, obviously! Nor is going to jail for obstruction of justice "coercion", effectively by definition.

I'm not saying I disagree with you in principle, I'm saying that very reasonable courts might not. This isn't a cut and dry argument, at all.