In a novel twist in the FBI versus Apple iPhone case, the San Bernardino District Attorney’s office has filed a motion (full text below) to submit an Amicus Curiae brief, stating that, among other things, the phone could harbor a “lying dormant cyber pathogen.” Of course, there’s no such thing as a lying dormant cyber pathogen, but why let a little thing like the facts get in the way of a good argument?

Late yesterday afternoon a Federal court ordered Apple to assist the FBI in their investigation into the San Bernardino shootings by unlocking the iPhone belonging to the shooters. In response, this morning, Apple CEO Tim Cook released a public statement in which Apple refuses to comply, explaining the reasons that even if Apple can comply with the order, they will refuse to do so.