Remarks by Brice Sewell, Apple's chief counsel, in a call with reporters
hours after US Justice Dept prosecutors filed a third motion (Feb 16, Feb
19, Mar 10) asking the judge to compel Apple to take extraordinary measures
to compromise an iPhone used by of the San Bernardino attackers:
The tone of the brief reads like an indictment. We've all heard director
Comey and Attorney General Lynch thank Apple for its consistent help in
working with law enforcement. Director Comey's own statement...that
there are no demons here? We certainly wouldn't conclude it from this
brief. In 30 years of practice, I don't think I've ever seen a legal
brief that was more intended to smear the other side with false
accusations and innuendo, and less intended to focus on the real merits
of the case. For the first time ever, we see an allegation that Apple
has deliberately made changes to block law enforcement requests for
access. This should be deeply offensive to everyone that reads it. An
unsupported, unsubstantiated effort to vilify Apple rather than confront
the issues in the case.
To do this in a brief before a magistrate judge just shows the
desperation that the Department of Justice now feels. We would never
respond in kind. But imagine Apple asking a court whether the FBI could
be trusted because, there is this real question about whether J. Edgar
Hoover ordered the assassination of Kennedy. See ConspiracyTheory.com as
our supporting evidence. We add security features to protect our
customers from hackers and criminals. And the FBI should be helping to
support us in this because it keeps everyone safe. To suggest otherwise
is demeaning. It cheapens the debate and it tries to mask the real and
serious issues. I can only conclude that the DoJ is so desperate at this
point that it has thrown all decorum to the winds.
Look, we know there are great people in the DoJ and the FBI. We work
shoulder to shoulder with them all the time. That's why this cheap shot
brief surprises us so much. We help when we're asked to. We're honest
about what we can and can't do. Let's at least treat one another with
respect and get this case before the American people in a responsible
way. We are going to court to exercise our legal rights. Everyone should
beware, because it seems like disagreeing with the Department of Justice
means you must be evil and anti-American. Nothing could be further from
the truth.
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