Members of the House Judiciary Committee may file a “friend of the court” brief asking that Congress be allowed to decide Apple’s encryption dispute with the U.S. government, Reuters reports.
Five sources confirmed the possibility, although they were quick to caution that no final agreement had been reached. The move would be an unusual intervention by Congress in a legal proceeding and needs to be filed by Thursday’s court deadline for consideration.
Sources said the filing would argue that the Feb. 16 federal court order for Apple to unlock the San Bernardino shooter’s iPhone 5c threatens the constitutional separation of powers, but the committee won’t file anything until today’s congressional testimony from Apple’s general counsel Bruce Sewell and FBI Director James Comey is concluded.
