ICYMI it turns out that the entire case in Georgia may have to be thrown out. And I’m ranting about this and not the SOTU because there’s nothing I could say that hasn’t been said ad nauseam. Magoo was on some drugs and as I have said previously, it’s why he’s always late because they’re trying to make sure he got the right dosage. He screamed the whole thing except when he went for his creepy whisper and lied his ass off the whole time. Standard Magoo except for the screaming and speed of his delivery. It’s more obvious than ever that he was drugged because he went out campaigning on Friday and Saturday and was his normal stumbling bumbling self. He couldn’t read the teleprompter or form coherent thoughts.

Now the reason for this rant is that since it involves a legal issue many may not have seen it and/or fully understood it. The issue is that the phone call between Trump and Raffensperger was the basis for Fani’s prosecution of Trump in Georgia. Unfortunately for her, the person who recorded the call was Jordan Fuchs, Raffensperger’s chief of staff. She was in Florida when she recorded it.

Under the US constitution, a person can record a conversation surreptitiously without the other person’s consent because the Supremes decided that when you decided to share the information you basically waived any claim of privacy. So that is the rule in all federal prosecutions. However, in state prosecutions the admissibility of recorded conversations depends on state law. Florida, and I can assure you of this because I went to law school there, and 13 or 14 other states require both parties to the conversation to agree to record it.

Now that is important because the Supremes have held that not only is the recording inadmissible but also any evidence that was discovered because of the recording. It’s called the “fruit of the poisonous tree “ rule and would appear to make Fani’s entire case to be inadmissible since the recording was the basis for everything that followed.

Now this has only come up in the last few days and I don’t know if Trump’s lawyers were aware but I would imagine that they will be raising it shortly. What I don’t know is whether Georgia considers evidence that is inadmissible in the state in which it was gathered to be inadmissible in Georgia when the recording would be admissible if it had been made in Georgia. I’m assuming that Georgia is not a two party consent state or none of this would matter.

Apparently when Fani became aware of the problem, she called her before the grand jury and granted her immunity. I don’t know how she could grant immunity for actions occurring outside her jurisdiction. For example could she grant immunity to anyone who committed murder in Florida? NO!! If there is some strange way she could pull this off, then I would love to see Trump contact the appropriate state attorney in Florida where she illegally recorded the call and make a complaint and get Fuchs indicted and prosecuted. De Santis might be willing to assist and as I have said before it’s time to put the shoe on the other foot.

Anyway I hope that between this and all the perjury and unethical behavior from Fani that the Georgia case disappears.