Apple sees weakness in FBI hearing request

A last-minute request by the FBI to call witnesses to next week’s court hearing in the San Bernardino iPhone case indicates the agency might feel some weakness in its legal arguments, Apple says.

On Wednesday evening, the FBI asked for an evidentiary hearing, which means the court will hear live testimony from expert witnesses from both sides. Apple agreed to the FBI’s request on Thursday.

Speaking on Friday with reporters, lawyers for Apple said the FBI’s request was a surprise, and they don’t understand why the government wants to present witnesses to the court.

If lawyers believe they have a strong legal case, they typically want to get up and argue it without bothering with witnesses in these types of hearings, so the request perhaps indicates the FBI isn’t as comfortable as it was in relying solely on legal arguments, an Apple lawyer said.

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