What is the burden of proving bad faith in the destruction of documents by the Department of Justice?

The deterrence rationale similarly does not apply. A party should only be penalized for destroying documents if it was wrong to do so, and that requires, at a minimum, some notice that the documents are potentially relevant. See id. at 218 ("The inference depends, of course, on a showing that the party had notice that the documents were relevant ..."); id. at 219 (indicating that this "minimum link of relevance" is required before deterrence rationale would justify shifting burden of proof); see also Vick v. Texas Employment Comm'n, 514 F.2d 734, 737 (5th Cir.1975) (requiring showing of bad faith). Here, the plaintiffs have not shown any bad faith in the destruction of the records, nor even that the government was on notice that the records had potential relevance to litigation. Nothing in the record indicates that the government destroyed the grenade records with the intent of covering up information.