If you get a jury who doesn't think that "strange self-destructing phone" isn't a criminal's tool to begin with. Which I'd guess is probably not likely.

The defense has a chance to educate the jury about it in a trial, and given how widely CBP/DHS is distrusted in 2026 it’s not difficult to see at least one juror having reasonable doubt.

Bonus for the defense: whatever is left of the DOJ, it’s mainly cranks, cronies, and people who can’t find work elsewhere.