Did Fani Start the RICO Case With Illegally Obtained Evidence?

Authors Michael Isikoff and Daniel Klaidman write in "Find Me the Votes: A Hard-Charging Georgia Prosecutor, a Rogue President, and the Plot to Steal an American Election" that Georgia Deputy Secretary of State Jordan Fuchs taped the conference call.

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"Find Me the Votes" says Fuchs recorded the call to protect Raffensberger from possible false claims Trump might make about the conversation.

But Fuchs, the authors say, made the recording while out of state in Florida.

Florida, however, is a two-party consent state, making it potentially illegal for one party, such as Fuchs, to have recorded another without approval.

Ed Morrissey

Be sure to read this to the end, because there is a rather large exception to this: law enforcement officers are generally exempted from this in Florida if done for investigative purposes. Fuchs fits that description, as his office enforces election laws. I doubt that prosecutors in Florida will want to wade into this case anyway. 

Would Judge McAfee exclude it on the basis of Florida's law? That seems pretty questionable, especially after what we saw from McAfee this week. Georgia is a one-party consent state, so grounds for exclusion may not exist at all. 

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