Judge Nap: Why Doesn't FBI Just Ask NSA for Info from Terrorist's iPhone?
Family members of San Bernardino victims are calling on Apple to unlock an iPhone that once belonged to one of the two terrorists who killed 14 people at an office Christmas party in December.
Google and Microsoft have agreed that Apple should not create a backdoor to the iPhone, as the FBI has asked.
The Justice Department filed a motion Friday to compel Apple to go along with the request.
FBI Director James Comey just released a statement on the matter:
The San Bernardino litigation isn’t about trying to set a precedent or send any kind of message. It is about the victims and justice. Fourteen people were slaughtered and many more had their lives and bodies ruined. We owe them a thorough and professional investigation under law. That’s what this is. The American people should expect nothing less from the FBI.
Judge Andrew Napolitano said this morning that the FBI simply does not have the authority under the Constitution to force Apple to "create something that does not exist."
He said that the FBI should ask the NSA for the information, since they've been capturing metadata from all cell phones inside the U.S. since 2009.
"I don't think the NSA wants to acknowledge that it has this," he said, adding that the FBI would need to demonstrate to a judge that they've exhausted all other avenues to obtain the information.
Watch the analysis above.