Reuters reports that both Republican and Democratic party members of the House Judiciary Committee are in support of Apple’s view that Congress, should decide the San Bernardino iPhone case. The report indicates the committee plans to file a legal brief saying just that. The committee oversees the administration of justice within federal courts.
Members of the House Judiciary Committee are considering filing a “friend of the court” brief in Apple’s encryption dispute with the U.S. government to argue that the case should be decided by Congress and not the courts, five sources familiar with the matter said.
The brief would come from the individual members of the committee, and not from the overseeing body itself. While both Democrat and Republican members will be included, Reuters’ sources could not say which members would likely be included.
A lead lawyer for Apple has previously argued, “the government is really seeking to push the courts to do what they haven’t been able to persuade Congress to do,” and that Congress should be the one to make the decision whether the company can be forced to compromise the security of its own operating system, and therefore its customers.
Any possible filing by the House Judiciary Committee would come after today’s panel hearing, where FBI director James Comey and Apple general counsel Bruce Sewell are scheduled to testify. Reuters indicates that it is possible the members of the committee may wait until after Apple’s appeal in the San Bernardino case has been heard.
