spoliation of evidence is the intentional or negligent withholding, hiding, alteration or destruction of evidence relevant to a legal proceeding.
A judge will typically instruct the jury to weigh spoliation heavily in determining outcomes — meaning it’s very bad for whoever did the spoliation.
Judges could on their own declare mistrial or automatic civil penalties based on the severity of spoliation.
Now, on these FOI suites the plaintiff is suing for the information. If it’s spoliated ... no penalties are involved and no criminal referrals. That’s why this shit happens. No punishment. Hell, the person who takes the blame will traditionally get a promotion.
Were I the judge, I would jail both the NSA person in court, and their lawyer, for contempt of court; until ALL records were produced.