So they may be able to get around the legal question.
Via NBC:
Federal authorities have asked to hold off on a much-anticipated court hearing set for Tuesday over the FBI’s demand for Apple to help unlock an encrypted iPhone used by one of the San Bernardino attackers.
In a filing late Monday, federal prosecutors said “an outside party” has come forward and shown the FBI a possible method for unlocking the phone used by one of the shooters in the Dec. 2 terror attack. Authorities say they need time to determine if the method will work without compromising data on the phone.