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In a somewhat surprising move, the intelligence community is largely siding with Apple in the tech giant's standoff with the FBI, Judge Andrew Napolitano said on "Varney & Co." today.

"There is a concerted effort on Capitol Hill by members of the intelligence community to lobby members of the House and Senate to persuade them to either publicly announce that they're on Apple's side or to remain neutral," Judge Napolitano revealed.

He pointed out that Gen. David Petraeus and Gen. David Hayden are among the people who have come out to ask lawmakers not to directly support any legislation that would authorize the FBI to do what it wants to do.

The judge explained that they fear that if Apple is forced to create a "key" to access one of the San Bernardino terrorists' iPhones, then that technology will leave a "footprint" that cannot be erased.

That technology would then available for anyone to use to access encrypted data.

"And that's what the intelligence community fears," Judge Napolitano said, explaining that they are looking out for both national security and their own security.

"The issue is: Can the government conscript Apple against its will? On the face of it, the answer's no."

Watch more above.


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