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Apple is in a fight with the federal government over an iPhone that was used by one of the San Bernardino terrorists.

A federal magistrate has ordered the company to help the feds break into the encrypted iPhone of one of the shooters.

But CEO Tim Cook is refusing to comply, saying it would be "too dangerous."

"We have great respect for the professionals at the FBI, and we believe their intentions are good," he said in a statement.

"Up to this point, we have done everything that is both within our power and within the law to help them. But now the U.S. government has asked us for something we simply do not have, and something we consider too dangerous to create. They have asked us to build a backdoor to the iPhone."

(Read more on the first-of-its-kind ruling, here.)

Judge Andrew Napolitano argued on Fox Business Network this morning that Cook's position is the right one. 

Napolitano said that Congress has decided hacking is a felony and a judge cannot order a felony to be committed.

"It would be hacking if the FBI conscripted somebody against their will to break into somebody else's computer," he explained. 

Stuart Varney argued that the judge was getting "too technical" in his analysis of the case.

Napolitano answered that it would be a "different story" if Congress were to write a law stating that companies must cooperate in these instances.

"To force Apple to do something against its will, at its own expense is prohibited by the Constitution," said Napolitano, adding that this fight will probably go all the way to the Supreme Court.

Watch his full analysis above.

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