The Associated Press is reporting that Apple will tell federal judges this week that it believes its fight with the FBI over unlocking an iPhone should be passed on to Congress.

The news wire claims that it’s been privy to some of the arguments that Apple will make in court courtesy of Theodore J. Boutrous Jr., one of Apple’s attorneys. Kicking the case to Congress won’t be only course of action: The company’s expected to argue that the demand oversteps the powers granted to the government under the aged All Writs Act, and Bloomberg also believes that it will claim code should be protected as speech.

Pushing the case to Congress may be a savvy move on Apple’s part: It actually wields a little influence there—certainly more than it does in the court room—and it would also buy some time. Potentially quite a lot of time, because Congress can move pretty damn slowly. Tim Cook had already proposed the formation of a government commission to settle the matter.

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Apple’s expected to file documents with the court this week, but at this rate it could turn into a battle that continues to rage.

[AP]

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Image by AP