2) Judge issues a subpoena to an employee that another employee has said is capable of retrieving the information.
"Do you have the capability to retrieve this PIN number?"
"Yes, your honor."
"Will you do so?"
"No, your honor."
"I find you in contempt. Lock this gentleman up."
The answer to this question is no, since the person would be no longer employed by Apple, would not possess the source code, and would not possess the signing key.
Even if you assumed that the court could force Apple to disclose these items to somebody who is now a third-party, it may be the case that there isn't any person who is capable of doing this. Are the same people at Apple responsible for code signing and writing the code necessary to do this?
If it reaches anything approaching this point (it won't) stopping it basically requires an individual to commit to doing the work then sabotaging the device when presented with it.
That's the act of civil disobedience. And you can expect to spend more than a night in jail should you grow the balls to do it.
> The answer to this question is no
Doesn't matter. All the judge needs is to notice in your face that you do have that capability.
Don't believe me? Look at this case:
http://articles.chicagotribune.com/2011-10-07/news/ct-met-lo...
According to the judge:
"What I saw in his face was just defiance. He was not going to testify in this double homicide case because he wasn't going to testify. That's all there was to it. So I saw pure scorn for the judicial system in the defendant's face."
Because the judge didn't like his face he gets 20 years for contempt.
20 years!