Why Apple won’t win against the FBI

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I understand Alex Jones and the Infowars crew are very concerned about invasion of privacy and the 4th Amendment.[1]  I get it.  What I don’t get is why they want to trash can the 5th Amendment in the process.

Due process of law involves an equitable procedure of discovery.  All evidence must be presented at trial for justice to occur.

When either side is kept from presenting evidence,
due-process of law has been violated.


The primary excuse for refusing to provide evidence in a criminal investigation is that there is no warrant issued by a court that has first determined this is evidence necessary to the investigation.  Secondarily, there is the excuse that the data is not relevant to the case.  In this case, the warrant has been issued, we already know the data to be relevant, and there is no excuse to not provide the requested data.

The fact that the DOJ pulled the FBI off the San Bernardino case with threats of suing them for discrimination is irrelevant here.  Yes, it shows we are dealing with a criminal government.  No, that fact is not relevant to this issue except to warn us that the obvious is not what is really happening.

Providing the data does not require revealing trade secrets.

That’s why I smell a rat with Apple refusing to honor the FBI’s warrant.  They act as if they have to hand over the encryption keys so that all encrypted data is invaded.  That is a false premise.  There is absolutely no reason why Apple cannot produce the data discoverable under a legal judicial warrant.

The warrant is not for the encryption key!

Yes, Alex, the FBI has other phones lined up.
And if they have a warrant for each one they are entitled to the DATA.

Apple will definitely lose in court because a warrant had been legally issued in compliance with the Constitution.  The FBI is not violating the law.  I believe the setup is for Apple to lose, creating the illusion that we do not have a right to encryption when we do.  We just don’t have a right to refuse to honor a legally issued warrant because doing so violates the 5th Amendment right to due process.

In the meantime, Apple is in cahoots with Goldman Sachs converting their stock into bonds.[2]  Unfamiliar with the topic, I looked up convertible bonds.  It appears you can trade stocks in for bonds and make a bundle by reconverting them when the stock value goes up.  Conversely, Investopedia reveals, “Then there’s the fact that these bonds can be called by the issuer at a certain price that insulates the issuer from any dramatic spike in share price.”

Is Apple preparing to screw its investors?

Can you imagine Apple’s refusal to honor a legally issued judicial warrant for evidence?  When they lose the battle, then the federal government is given the opportunity to spin the win into being allowed the encryption keys.  What do you think that will do to Apple sales?  I would think it will kill Apple’s market, don’t you?  Apple is refusing to honor a legally issued warrant for data and not the encryption key itself.


I agree with Donald J. Trump.  We need to boycott Apple simply because it is refusing to comply with the law.  Either way their stock is going down, so let’s boycott them before they lose in court.

Infowars is suffering from tunnel vision in this case.  I believe it’s time for them to back up and reassess their position on Apple versus the FBI.


[1] http://www.infowars.com/apple-vows-to-defend-its-customers-as-the-fbi-launches-a-war-on-privacy-and-security/

[2] http://fortune.com/2013/01/29/goldman-sachs-and-the-apple-structured-bond-deal/

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