by Dan Moren
Apple challenges All Writs Act in DOJ case
Apple filed its final motion in the case with the Department of Justice, on which there will be hearing next Tuesday. Unsurprisingly, it had little nice to say about the DOJ:
The All Writs Act cannot be stretched to fit this case because to do so “would be to usurp the legislative function and to improperly extend the limited federal court jurisdiction.” … The government attempts to rewrite history by portraying the Act as an all-powerful magic wand rather than the limited procedural tool it is.
Regardless of whether or not the government should be compelling Apple to act here, this is likely all going to come down to the legal argument of whether or not the All Writs Act actually applies.