Did Fani Willis Violate Maryland Wiretap Law?

Harrison Floyd, a former leader of the group Black Voices For Trump, is accused of pressuring two Georgia election workers to lie about fraud during the state’s vote count in 2020. Former President Donald Trump was also indicted.

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Floyd told Atlanta News First that because Maryland is one of 11 “two-party” states in the U.S., requiring the consent of all parties to a conversation before it can be recorded, Willis may have violated the state’s wiretapping policy.

“She’s a lawyer, she knows these things, and she chose to do it anyways,” Floyd said. “In the State of Maryland, in order for anybody to be recorded over a telephone line, they have to give their consent. Everyone on the call must give their consent. My lawyer’s consent was not given. He wasn’t aware that the call was being recorded.”

However, the law may not be that clear cut though, experts say. Because Willis placed the call in Georgia, a one-party state where only one person involved in a conversation needs to be aware of a recording, it directly conflicts with Maryland’s status as a two-party state.

Ed Morrissey

Gee, is that what "experts" say? That cuts against the way that courts have interpreted these laws. Just because one person is in a one-party state does not mean that they can tape others in a two-party state. In my former career in call center management, I ran into this issue occasionally even though my centers were located in one-party-consent states. 

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