"Secure empty trash" was removed in 10.11.[1] But that can't be what they relied on here.
Here's what the report says: "Levandowski also attempted to empty the Trash bin on his MacBook Pro while he was at Stroz Friedberg's office... but our examination found no files were contained in his Trash at the time he attempted to empty it."
Is this even possible? You can't "attempt" to empty a trash with no files in it from the GUI. The menu item is disabled. So that would suggest a terminal command, but supposedly there's no command line equivalent for "empty the trash".[2] You can of course delete specific files or folders, but then they'd say he'd try to do that, not "empty the trash bin".
The only user action that I can think of that would constitute "attempt to empty an empty trash" is hitting the keyboard shortcut for it (shift-command-delete). But is that even logged on a standard macOS installation?
The report references "Exhibit 17" for more detailed forensic analysis. I would be very interested in reading that.
[1] There's still a command line option but it may not work correctly with Flash storage, which is why it was removed from the GUI. https://support.apple.com/en-us/HT205267
[2] https://www.imore.com/how-force-empty-trash-your-mac-using-t...