I think they would argue you set up the deadman switch with the intention of destroying potentially incriminating information in the future. It's not really any

I think they would argue you set up the deadman switch with the intention of destroying potentially incriminating information in the future. It's not really any different than setting a flare to burn down your office and destroy filing cabinets of evidence of tax fraud or whatever. That would definitely not fly, arson aspects aside. Just because you set it up before there was any incriminating information doesn't really matter, it is a liability you accept setting it up that it might destroy evidence you are not legally allowed to destroy.