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Apple tells court DOJ motion to block federal agency discovery 'fails at every level'
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Apple filed a public response rejecting the DOJ's attempt to reverse a discovery order that let Apple request documents from 14 federal agencies, arguing the DOJ's motion is impermissible re-litigation and that new declarations do not establish undue burden.
The outcome determines whether Apple can use evidence that federal agencies chose Apple products for their privacy features as part of its antitrust defense. If the special master upholds the original order, Apple gains access to documents across agencies including the CIA, FBI, NSA, and Department of Defense; if reversed, Apple loses a line of argument it considers central to justifying its practices.
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Apple secured the right to seek documents from 14 federal agencies including the CIA, FBI, NSA, and Department of Defense as part of its defense against the DOJ antitrust case filed in March 2024.
The DOJ asked special master Jose Linares to reconsider, arguing he applied the wrong legal standard by treating agencies as parties rather than non-parties and that the requests impose undue burden.
Apple's response argues the motion is impermissible re-litigation, the new evidence was always available, and the declarations do not establish undue burden; no further briefing is permitted per the August 4 timeline.
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