Stephen Larson, a former federal judge who is now in private
practice, told Reuters that the victims he represents have an
interest in the information which goes beyond the Justice
Department's criminal investigation.
"They were targeted by terrorists, and they need to know why, how
this could happen," Larson said.
Larson said he was contacted a week ago by the Justice Department
and local prosecutors about representing the victims, prior to the
dispute becoming public. He said he will file an amicus brief in
court by early March.
A Justice Department spokesman declined to comment on the matter on
Sunday.
Larson declined to say how many victims he represents. Fourteen
people died and 22 others were wounded in the shooting attack by a
married couple who were inspired by Islamic State militants and died
in a gun battle with police.
Entry into the fray by victims gives the federal government a
powerful ally in its fight against Apple, which has cast itself as
trying to protect public privacy from overreach by the federal
government.
An Apple spokesman declined to comment. In a letter to customers
last week, Tim Cook, the company's chief executive, said: "We mourn
the loss of life and want justice for all those whose lives were
affected," saying that the company has "worked hard to support the
government’s efforts to solve this horrible crime."
Federal Bureau of Investigation Director James Comey said in a
letter released on Sunday night that the agency's request wasn't
about setting legal precedent, but rather seeking justice for the
victims and investigating other possible threats.
"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," Comey wrote.
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The FBI is seeking the tech company's help to access shooter Syed
Rizwan Farook's phone by disabling some of its passcode protections.
The company so far has pushed back, arguing that such a move would
set a dangerous precedent and threaten customer security.
The clash between Apple and the Justice Department has driven
straight to the heart of a long-running debate over how much law
enforcement and intelligence officials should be able to monitor
digital communications.
The Justice Department won an order in a Riverside, California
federal court on Tuesday against Apple, without the company present
in court. Apple is scheduled to file its first legal arguments on
Friday, and U.S. Magistrate Judge Sheri Pym, who served as a federal
prosecutor before being appointed to the bench, has set a hearing on
the issue for next month.
Larson once presided over cases in Riverside, and Pym argued cases
in Larson's courtroom several times as a prosecutor while Larson was
a judge, he said. Larson returned to private practice in 2009,
saying at the time that a judge's salary was not enough to provide
for his seven children.
He said he is representing the San Bernardino victims for free.
(Reporting by Dan Levine in Oakland, California; Additional
reporting by Curtis Skinner; Editing by Sue Horton and Mary
Milliken)
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