I think one of the biggest tells would be if the VW cars with the software issues weren't equipped well enough to deal with the emissions regulations. In other

I think one of the biggest tells would be if the VW cars with the software issues weren't equipped well enough to deal with the emissions regulations. In other words, if the cars provably did not have the right equipment to meet emissions requirements, AND had the software issues, I think this would prove beyond reasonable doubt that VW was maliciously trying to circumvent the tests.