The U.S. Department of Justice says it has had a grand jury exploring the Deepwater Horizon oil spill—but apparently it is unable to come up with anyone who had actually done something criminal that brought about the spill. The only person arrested in connection with the incident so far is an engineer who, while that grand jury was operating, allegedly deleted text messages from his phone.

 Now, attorneys for the engineer, Kurt Mix, say there’s evidence “capable of fully exonerating him .” The problem: it’s protected by someone else’s attorney-client privilege. This unnamed party has provided copies of the texts, which, the lawyers say, show that Mix “was being entirely forthcoming in answering questions and providing detailed information about the incident.”

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