Attorneys for a criminal defendant charged that the government, in a coverup, had destroyed evidence that would have supported the defendant in a case.
Defense's Accusation
The government destroyed evidence that would have supported the defendant.
Government's Reply
There is no evidence that would even seem to support the defendant in this case.
Evaluate
They want us to hear the Defense lawyer responding,
Think about what the world looks like if the attorneys are right. Helpful evidence existed, the government destroyed it, and now there is no helpful evidence to be found. The government's reply is a true statement in that scenario.
So the government's reply isn't really addressing / refuting the charge that they destroyed evidence. If they had said , then that would be denying the charge that they destroyed evidence. But by using present tense, it's not really contradicting what the defense accused.
Goal
Look for an answer saying that the reply doesn't really counter the charge, since the reply is totally compatible with the charge being true.