this post was submitted on 02 Dec 2023
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[–] [email protected] 40 points 2 years ago (3 children)

“I am going to get to the bottom of who is responsible,” he said, adding he would pursue these issues “on my own, outside of this trial.”

I was a bit confused how a Judge would just decide to start investigating some additional matter that is not formally before them to decide.

[–] [email protected] 10 points 2 years ago (2 children)

How do judges normally treat destruction of evidence? Do they not care who committed the crime and just make a ruling on how to infer it? I feel like the court would want to know who has committed something as serious as this but I'm not sure of the actual process for it.

[–] [email protected] 7 points 2 years ago* (last edited 2 years ago)

Don't worry about it. He'll totally deal with it outside his formal judicial capacity, after letting them off with a slap on the wrist... "in his own time" like some Hollywood renegade judge!

[–] circuscritic 5 points 2 years ago* (last edited 2 years ago)

All bark, no bite on the hand that will feed him after he leaves the bench (Big Capital/Big Law). See:

"And yet, the judge decided today that he would not issue a “mandatory inference instruction” — one that would tell the jury they should proceed with the understanding that Google destroyed evidence that could have been detrimental to its case.”

[–] [email protected] 5 points 2 years ago (1 children)

Like a republican Karen, he's going to talk to a manager.

[–] [email protected] 2 points 2 years ago

"Do you know who I am??"

[–] [email protected] 16 points 2 years ago

This is the best summary I could come up with:


On Friday, Judge Donato vowed to investigate Google for intentionally and systematically suppressing evidence, calling the company’s conduct “a frontal assault on the fair administration of justice.” We were there in the courtroom for his explanation.

Pichai, and many other employees, also testified they did not change the auto-delete setting even after they were made aware of their legal obligation to preserve evidence.

And Pichai, among other employees, admitted that they marked documents as legally privileged just to keep them out of other people’s hands.

On November 14th, Pichai told the court that he relied on his legal and compliance teams to instruct him properly, particularly Alphabet chief legal officer Kent Walker — and so Judge Donato hauled Walker into court two days later.

Today, Judge Donato said it was “deeply troubling to me as a judicial officer of the United States” that Google acted this way, calling it “the most serious and disturbing evidence I have ever seen in my decade on the bench with respect to a party intentionally suppressing relevant evidence.”

And yet, the judge decided today that he would not issue a “mandatory inference instruction” — one that would tell the jury they should proceed with the understanding that Google destroyed evidence that could have been detrimental to its case.


The original article contains 595 words, the summary contains 214 words. Saved 64%. I'm a bot and I'm open source!

[–] [email protected] 10 points 2 years ago (1 children)

Disappointed this wasn't about GChat.

[–] [email protected] 1 points 2 years ago (1 children)

Getting rid of gchat was a crime.

Not keeping records of employees communications though? Honestly who gives a damn? Not everything needs to be saved.

[–] [email protected] 1 points 2 years ago (1 children)

Not everything normally needs to be saved. However, in this case it looks like the court ordered them to preserve data during discovery and they did not comply. From the article:

Pichai, and many other employees, also testified they did not change the auto-delete setting even after they were made aware of their legal obligation to preserve evidence.

[–] [email protected] 2 points 2 years ago

Ooohhh, that explains it.

[–] [email protected] 9 points 2 years ago (1 children)

Judges don't really investigate, they rely on evidence presented by the parties in a given case. I'm not aware of any mechanism for a judge just to 'go digging' like he seems to suggest he wants to do. I guess he could just be a dick in future cases? I.e. issuing ridiculous discovery orders.

[–] [email protected] 8 points 2 years ago* (last edited 2 years ago)

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