Well, almost.
More accurate to say Apple filed: APPLE INC’S MOTION TO VACATE ORDER COMPELLING APPLE, INC. TO ASSIST AGENTS IN SEARCH, AND OPPOSITION TO GOVERNMENT’S MOTION TO COMPEL ASSISTANCE.
Caveat: Don’t be confused by the errant page numbering in the table of contents (TOC). I have checked (and you can too) the authorities against the pages where cited. I’m not sure why the TOC is wrong but it is. Total length is sixty-five (65) pages.
To entice you to read the document in full, here is the first paragraph:
This is not a case about one isolated iPhone. Rather, this case is about the Department of Justice and the FBI seeking through the courts a dangerous power that Congress and the American people have withheld: the ability to force companies like Apple to undermine the basic security and privacy interests of hundreds of millions of individuals around the globe. The government demands that Apple create a back door to defeat the encryption on the iPhone, making its users’ most confidential and personal information vulnerable to hackers, identity thieves, hostile foreign agents, and unwarranted government surveillance. The All Writs Act, first enacted in 1789 and on which the government bases its entire case, “does not give the district court a roving commission” to conscript and commandeer Apple in this manner. Plum Creek Lumber Co. v. Hutton, 608 F.2d 1283, 1289 (9th Cir. 1979). In fact, no court has ever authorized what the government now seeks, no law supports such unlimited and sweeping use of the judicial process, and the Constitution forbids it. (emphasis in original)
Now that’s an opening paragraph!
I especially like the “…to conscript and commandeer Apple in this manner” language.
Even if you have to go “blah, blah,” over the case citations, do read this memorandum.
It will leave you with no doubt the FBI has abandoned even lip service to the Constitution and our system of government.