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But they weren't being prosecuted, how is that obstruction? How would they prove that it was "evidence"?

You're asking this of a government with a growing record of retroactively rewriting laws in its own favour?

Retroactive law for warrantless wiretapping, I am aware of. What other laws can you add to that list?

Perhaps, the secret laws in secret courts that you (we) are neither aware of now, nor ever will.

woah! ex post facto laws are illegal according to the constitution... oh wait... they don't follow that thing anymore do they?