(I am shocked - SHOCKED, I TELL YOU! (bh))
By Jay Edelson and Christopher Dore
When a public interest group wants to create new legal precedent, its first step is to find a client with sympathetic facts. Civil rights groups often search for figurehead plaintiffs with impeccable characters and captivating life stories. The National Rifle Association searches for clients with strong gun safety records and compelling reasons to own guns. None of this is improper - it's a strategic approach for cause-oriented litigation.
But the public may not realize that the government employs this legal tactic as well. And that's exactly what is happening behind the scenes in the fight between Apple and the Federal Bureau of Investigation over the San Bernardino shooter's iPhone.