On Wednesday evening, the FBI asked for an evidentiary hearing,
which means the court will hear live testimony from expert
witnesses from both sides. Apple agreed to the FBI’s request on
Speaking on Friday with reporters, lawyers for Apple said the
FBI’s request was a surprise, and they don’t understand why the
government wants to present witnesses to the court.
If lawyers believe they have a strong legal case, they typically
want to argue it without bothering with witnesses in these types
of hearings, so the request may indicate that the FBI isn’t as
comfortable as it was in relying solely on legal arguments, an
Apple lawyer said.
This sounds right to me.