Fani Woes
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Woe is Fani.
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Was the Trump/Raffensperger phone call illegally recorded?
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If so, is that not inadmissable?
“Fruit of the poisonous trees is a doctrine that extends the exclusionary rule to make evidence inadmissible in court if it was derived from evidence that was illegally obtained,” according to Cornell Law School’s Legal Information Institute. “As the metaphor suggests, if the evidential ‘tree’ is tainted, so is its ‘fruit.’ The doctrine was established in 1920 by the decision in Silverthorne Lumber Co. v. United States, and the phrase ‘fruit of the poisonous tree’ was coined by Justice Frankfurter in his 1939 opinion in Nardone v. United States. The rule typically bars even testimonial evidence resulting from excludable evidence, such as a confession.”
With Fani Willis repeatedly saying the entire investigation into Republicans was the result of a phone call that was illegally recorded, defendants might pursue legal recourse. It’s the latest challenge for Willis, even if the political ally judge reviewing whether she can continue prosecuting Georgia Republicans rules in her favor.
The documentation of the illegality of the recording is in Michael Isikoff's book - remember he's the RUSSIA RUSSIA RUSSIA guy.
The person who recorded it, without either participant's permission was supposed to be a "star witness" in the Jan 6 hearings. She was never called, supposedly because her status would be revealed as "problematic."
From Isikoff's book:
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.
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Judge quashes 6 counts of the indictment.
Not sure, yet, which ones.
But this gives him political cover to NOT dismiss Fani, doesn't it?
Consider...This IS Fulton County and Atlanta rivals New Orleans as the Chocolate City of the South. Dismissing Gorilla Grip may have political repercussions for an elected judge...
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Judge McAfee...
In a ruling issued Friday, Fulton County Superior Court Judge Scott McAfee wrote that defendants “failed to meet their burden” in proving Willis’s relationship with lead prosecutor Nathan Wade was a “conflict of interest" enough to merit her removal from the case. But the judge also found an appearance of “impropriety” and said either Willis and her office must fully leave the case or Wade must withdraw from the proceeding.
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"So, if I have this right, Fulton County Judge Scott McAfee decided to pull a James Comey, Robert Mueller, and Robert Hur:
Write a ruling saying Fani Willis and Nathan Wade are guilty as hell, have no ethics, and aren't good role models....BUT Fani can stay"