Honestly yeah, that’s the best solution if you want to do something like this.

That sounds awful. What if I don’t want to use my phone for 24 hours? Besides, if the government has tech to unlock your phone they will probably be able to use it pretty much immediately, so a time delay doesn’t really matter.

Data contained on the phone is very much the property which they wanted to take into custody or control, and it was wiped.

I think stuff like that would be up to the jury to decide. If I was on that jury I definitely wouldn’t consider just having a duress password to imply intent of “knowingly preventing the Government to take property into its custody”, especially since GrapheneOS doesn’t really mention state actors in its FAQ. It would be reasonable for him to claim that he enabled this feature to protect himself from illegal searches or kidnapping, and accidentally gave the wrong answer to the cops.

But reading the OP interview it seems to me that he is almost admitting that he wiped the phone intentionally, tipping the scales significantly. Is it “beyond reasonable doubt” that he intentionally gave the duress password now? Maybe.

Nah, it doesn’t change anything. The statute says

Whoever, before, during, or after any search for or seizure of property by any person authorized to make such search or seizure, knowingly destroys, damages, wastes, disposes of, transfers, or otherwise takes any action, or knowingly attempts to destroy, damage, waste, dispose of, transfer, or otherwise take any action, for the purpose of preventing or impairing the Government’s lawful authority to take such property into its custody or control or to continue holding such property under its lawful custody and control, shall be fined under this title or imprisoned not more than 5 years, or both.

It’s clear that if he intended to wipe the phone and told the officer a password which would erase the contents, he “knowingly took an action for the purpose of preventing the Government’s lawful authority to take such property into its custody”.

Yeah and it’s even more stupid for him to be giving out interviews right now defending his actions. If I was him I would shut up in public and tell prosecutors that I was under extreme stress and pressure of the detainment and accidentally mixed up the real password with the duress password. The government can easily prove all elements for obstruction of justice “destruction or removal of property to prevent seizure” here, except for intent.