Ok, so a suspect tells the judge under oath that they encrypted the evidence, and the key is gone, as if it had been burned. Just as in burning with a fire, th

Ok, so a suspect tells the judge under oath that they encrypted the evidence, and the key is gone, as if it had been burned. Just as in burning with a fire, that suspect can be charged with willful destruction of evidence or obstruction of justice, contingent on mens rea. The judge may be unlikely to believe that the data is irretrievably encrypted, just as they may be unlikely to believe all records were burned.