Another bombshell from The Federalist in the Fani Willis prosecutions of Donald Trump and his co-defendants: the call they used as the basis was illegally recorded. Can an illegally recorded phone call be used as evidence and the basis for a criminal case?
Is it the fruit of the poisonous tree since the entire investigation stemmed from it? There was no basis for the prosecution.
LAWFARE OVER NOTHING
In the infamous call, Donald Trump asked the Georgia Secretary of State, “I just want to find 11,780 votes.” He meant legitimate votes and he made the comment with several people on the phone. In the same call, he allegedly asked Raffensperger to “find the fraud,” which was not what he said. It became the basis for the second impeachment and the Fani fraud trial.
The call was recorded by a Trump hater, Jordan Fuchs, who worked for SOS Raffensperger. She saw it as her job to stand up to an assault by Trump and his supporters.
Mollie Hemingway notes that Mike Isikoff and Daniel Klaidman’s new book admits that a widely misunderstood phone call, on which Willis’ political prosecution rests, was illegally recorded.
This isn’t entirely new information.
THE AMERICAN CONSERVATIVE
In 2021, The American Conservative wrote about erroneous quotes from the leaker that had to be corrected in the news outlets sharing the story. They noted that Fuchs, who was thought to be the source of the infamous January 2 call with Trump asking Raffesperger to find the votes. On that date, she was in Florida, a two-party consent state, and she had no legal right to tape the call, much less leak it to the paper she admired most, The Washington Post.
The American Conservative writes that they used Fuchs’s words to “find the fraud.” It’s not what he said, and the paper had to correct it, but they waited until after the media interest ran out, as did Raffensperger.
In 2021, The American Conservative didn’t know for certain that Fuchs taped the second call.
THE NEW BOOK
Find Me the Votes: A Hard-Charging Georgia Prosecutor, a Rogue President, and the Plot to Steal an American Election is ironically intended to promote Fani.
The key quote from the book as per Mollie Hemingway:
Fuchs has never talked publicly about her taping of the phone call; she learned, after the fact, that Florida, where she was at the time, is one of fifteen states that requires two-party consent for the taping of phone calls. A lawyer for Raffensperger’s office asked the January 6 committee not to call her as a witness for reasons the committee’s lawyers assumed were due to her potential legal exposure. The committee agreed. But when she was called before a Fulton County special grand jury convened by Fani Willis, she was granted immunity and confirmed the taping, according to three sources with direct knowledge of her testimony.
Emphasis added.
Fuchs didn’t even have SOS Raffensperger’s permission to record the call, but he protected her illegal act. Fuchs, who leaked the call to The Washington Post, wasn’t called by the J6 panel because they didn’t want to expose her illegal taping.
The Hemingway article contains much more, such as fabricated quotes she gave WaPo that they had to retract.
This seems like strong grounds to contest the charges. We all remember David Daleiden, who taped Planned Parenthood and their affiliates bragging about illegally selling baby body parts. The baby body parts dealers were praised, and he was hit with nine felonies for recording illegally.
Raffensperger isn’t the best secretary of state. He knows serious patches are needed in the Dominion voting machines and refuses to fix them for November. It makes one wonder.
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