Monday, March 22, 2021

Who Broke the Law With the Trump-Georgia Phone Call?

Gardner's fake news account made it seem that Trump was urging Georgia officials to illegally reverse the results of the election by hunting down fraud, real or imagined.

Georgia Code Section 16-11-66 makes an exception to the general prohibition on electronic eavesdropping, excluding by statute "Intercepting a wire, oral, or electronic communication where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception."

Georgia might absolve the person actually running the tape machine, but it also criminalizes in a stand-alone law the act of giving the tape to a third party.

Put very simply: Georgia might allow someone to intercept a wire transmission, but it has a criminal statute that makes it a crime to give that interception to a third party, like the Washington Post.

Georgia courts have not squarely confronted the issue of what it means to "Give or distribute."

Georgia Code Section 16-11-69 states that any "Person violating any of the provisions of this part shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or a fine not to exceed $10,000.00, or both."

Had President Donald Trump been the one to record the conversation with Georgia election officials and then he or his staff released it to PJ Media or Breitbart, we all know what Amy Gardner's lede would be at the Washington Post.

https://pjmedia.com/jchristianadams/2021/03/21/who-actually-broke-the-law-the-trump-georgia-election-phone-call-n1434015 

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