Comment Re:One word: (Score 1) 767
The guy hasn't claimed he forgot the password. If he did that, the case would move forward without it, and the judge would instruct the jury that the defendant claims to have forgotten a password to documents that a sworn officer testified under oath were child porn.
That doesn't sound so good.
So the defense is trying this first. If it doesn't pan out (and it won't, because the 5th amendment doesn't apply to a subpoena for evidence), then they can try the "I forgot" defense at trial.