Fani Willis Accused of Illegally Recording Trump Defendant’s Lawyer
Fani Willis Accused of Illegally Recording Trump Defendant’s Lawyer

By Jack Phillips

A lawyer for one of former President Donald Trump’s co-defendants in the Georgia case claimed in a new interview that Fulton County District Attorney Fani Willis’s office illegally recorded a phone call between her and a lawyer.

Christopher Kachouroff, an attorney representing Trump co-defendant Harrison Floyd, told legal analyst Phil Holloway that the district attorney’s office recorded a call between her and one of his colleagues without their knowledge or consent.

“She did reach out to us, one of my colleagues in Maryland, and was rude, abrupt with him on the phone, and he was dealing with the Maryland case and I was dealing with the Georgia case, and she ended up recording him,” Mr. Kachouroff said in the interview earlier this week.

The lawyer was asked about the legality of the recording with his colleagues, who are based in Maryland. “Oh yeah, it’s a felony in Maryland,” Mr. Kachouroff said.

In response to the allegations, Mr. Floyd wrote on social media that “it doesn’t matter where the call originated” because the attorney was located “physically in Maryland.” Ms. Willis, he added, did not get the lawyer’s consent to be recorded and “has committed multiple felonies and will be held accountable.”

Maryland has a wiretap law that makes it a felony to record an electronic communication or phone call unless all parties consent to it. But Georgia has only a “one-party consent” law for making recordings, meaning that only one person or party involved has to consent.

Notably, Georgia Secretary of State Brad Raffensperger reportedly recorded his own phone call with former President Trump in which the former president asked him about election fraud in the state and whether any ballots were missing during the November 2020 election. That phone call is at the center of the Willis case against the former president.

Mr. Floyd, President Trump, and 17 others were indicted in August by a Fulton County grand jury, accused of participating in a wide-ranging scheme to illegally try to overturn the 2020 election in Georgia. Four defendants have pleaded guilty after reaching a deal with prosecutors and the rest have pleaded not guilty.

The charges against Mr. Floyd stem from allegations of harassment of Ruby Freeman, a Fulton County election worker who had been accused of election fraud. Prosecutors said that Mr. Floyd took part in a Jan. 4, 2021, conversation in which Ms. Freeman was told she “needed protection” and was pressured to make false statements about election fraud.

Mr. Floyd has denied those claims and has pleaded not guilty to the charges. He has maintained on social media that he believes there was election fraud during the 2020 election in Fulton County, while his attorney said in the recent interview with Mr. Holloway that Ms. Willis has a personal vendetta against Mr. Floyd.

In addition to the charges in Georgia, Mr. Floyd also faces federal charges that accuse him of aggressively confronting two FBI agents sent to serve him with a grand jury subpoena.

Prosecutors last year had attempted to revoke his bond due to his posts on X, formerly known as Twitter, alleging “an effort to intimidate codefendants and witnesses, to communicate directly and indirectly with codefendants and witnesses, and to otherwise obstruct the administration of justice.” His actions amounted to “intentional and flagrant violations” of his bond conditions, prosecutors wrote.

Defendant Harrison Floyd (L), a leader in the organization Black Voices for Trump, listens as Fulton County District Attorney Fani Willis addressed the court during a hearing related to the Georgia election indictments, in Atlanta on Nov. 21, 2023. (Dennis Byron/Hip Hop Enquirer via AP)

At the time, Mr. Kachouroff said Ms. Willis’s attempt to revoke his client’s bond was nonsense, adding, “She’s not going to get it granted.” He said he plans to file a motion to disqualify Willis from the prosecution “because of her personal animus against my client.”

The Epoch Times contacted the Fulton County district attorney’s office for comment Thursday.

Ms. Willis, meanwhile, has faced significant allegations that threaten to get her disqualified from the case, stemming from her relationship with a former special counsel in the Trump case. Both Ms. Willis and the prosecutor, Nathan Wade, confirmed the relationship but denied they engaged in a conflict of interest that allowed them to financially benefit from his employment in the district attorney’s office.

The judge in the case, Scott McAfee, issued an order last month telling Ms. Willis to either step down or that Mr. Wade had to leave the case. Hours later, Mr. Wade resigned from the office but said in a letter that the defendants were not able to prove the allegations that they engaged in a conflict of interest.

And Ms. Willis has shown no indication that she will recuse herself. During an interview with CNN after the judge’s order, she said that the case is still moving forward against President Trump and the other defendants.

The Associated Press contributed to this report.

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