Felony? Fani Willis accused of illegally recording lawyer

FPI / April 7, 2024

Fulton County District Attorney Fani Willis’s office illegally recorded a phone call between Willis and a lawyer for Harrison Floyd, one of former President Donald Trump’s co-defendants in the Georgia case, an attorney representing Floyd said.

Christopher Kachouroff, in an interview with legal analyst Phil Holloway, said that Willis’s office recorded a call between Willis and one of Kachouroff's 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,” Kachouroff said in the interview earlier this week.

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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,” Kachouroff said.

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

In Maryland, it is a felony to record an electronic communication or phone call unless all parties consent. Georgia has only a “one-party consent” law for making recordings.

Floyd, Trump, and 17 others were indicted in August by a Fulton County grand jury. They are 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.

Prosecutors last year sought to revoke Floyd's bond due to his posts on X alleging “an effort to intimidate co-defendants and witnesses, to communicate directly and indirectly with co-defendants and witnesses, and to otherwise obstruct the administration of justice.”

At the time, Kachouroff said 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.”

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