If you put into action a plan that's intent is to mislead investigators that you believe are attempting to investigate you, then how do you claim that this can't be obstruction of justice? They are attempting to obstruct the investigation.
What you are doing to trying to evaluate the action separate from the intent, and claim that it's innocuous because there could be many explanations for the action.
Obviously at trial, the DoJ would be trying to prove intent, so trying to ignore it doesn't really make sense.