Was the Trump-Raffensperger Call Recording Legal Under Georgia Law?

Independently fact-checked against primary sources (last audited August 5, 2026). · Law checked current as of August 9, 2026. · 3 primary sources cited on this page. How we verify our legal content

Was the Trump-Raffensperger Call Recording Legal Under Georgia Law?

Frequently Asked Questions

Was it legal to record the Trump-Raffensperger call?

Yes, most likely. Georgia is a one-party consent state under O.C.G.A. §§ 16-11-62 and 16-11-66(a), so the recording was legal if it was made by Trump, by Raffensperger, by someone else on the call, or by a third party with permission from one of them. No public reporting has identified a non-consenting third-party interception of this call.

Who actually recorded the call?

It was never officially confirmed. The Washington Post reported on January 3, 2021 that it had obtained audio and a transcript of the call, without naming its source.

Is the Fulton County criminal case against Trump still active?

No. Fulton County Superior Court Judge Scott McAfee dismissed the case in its entirety on November 26, 2025, after Peter Skandalakis, the prosecutor who had taken over the case, moved to drop the charges against all remaining defendants.

Why was Fani Willis removed from the case?

The Georgia Court of Appeals disqualified Willis and her office on December 19, 2024, citing a significant appearance of impropriety created by her romantic relationship with special prosecutor Nathan Wade. The Georgia Supreme Court declined to review that ruling on September 16, 2025.

Did anyone go to prison over the Georgia election case?

No defendant was sentenced to prison in this case. Four of the nineteen defendants pleaded guilty before trial: Sidney Powell and Scott Hall to misdemeanor conspiracy counts, and Kenneth Chesebro and Jenna Ellis each to one felony count. All four were sentenced to probation. The case against Trump and the other remaining defendants was dismissed in November 2025 before it reached trial.

Was the Raffensperger call itself part of the criminal charges?

Yes, under more than one count. Count 28 of the August 2023 Fulton County indictment charged Trump and then-Chief of Staff Mark Meadows with soliciting a violation of oath by a public officer in connection with the January 2, 2021 call, and Count 29 charged Trump with false statements and writings for statements he made on the same call. Judge Scott McAfee quashed Count 28, along with Counts 2, 5, 6, 23, and 38, by order dated March 13, 2024, but Count 29 remained pending until the case was dismissed in November 2025.

Does the case's dismissal mean the recording or the call's contents were found to be false?

No. A nolle prosequi dismissal ends a prosecution without a trial or a ruling on the truth of the underlying allegations. It resolves the criminal case procedurally; it does not adjudicate what was said on the call or why.

Updates

Governing law re-checked for recent changes

Corrected the case history: Count 28, the solicitation charge arising from the January 2, 2021 call, was quashed by Judge Scott McAfee in March 2024, while Count 29, a false-statements charge based on the same call, remained pending until the case's dismissal in November 2025. Replaced three statute citations with primary sources, including the Supreme Court of Georgia decision that quotes O.C.G.A. § 16-11-67 in full.

Independently fact-checked against the cited primary sources

Corrected and expanded the case history and replaced several citations. Added that Count 28, the solicitation count charging Trump and Meadows in connection with the January 2, 2021 call, was quashed by Judge Scott McAfee by order dated March 13, 2024, along with Counts 2, 5, 6, 23, and 38, and that Count 29, a false-statements count arising from the same call, was not quashed and remained pending until the case's dismissal on November 26, 2025; the racketeering count also alleged the call as overt Acts 112 and 113. Verified those points against the indictment itself and the prosecutor's memorandum filed with the motion to nolle prosequi. Replaced three third-party statute links with primary and press-freedom sources: the Reporters Committee for Freedom of the Press guide for Georgia's one-party consent rule, and the Supreme Court of Georgia's decision in Nuckles v. State, 310 Ga. 624 (2020), which quotes O.C.G.A. § 16-11-67 in full. Confirmed all four pretrial guilty pleas (Sidney Powell, Scott Hall, Kenneth Chesebro, Jenna Ellis) against the prosecutor's memorandum and contemporaneous reporting. Removed a stray sentence about a federal appellate record that did not apply to this Georgia state case, and added the statutory basis for the conflict-prosecutor appointment (O.C.G.A. § 15-18-5).

Rewrote this page for accuracy and completeness. Fixed two broken markdown links inherited from the 2020 WordPress migration and replaced fragile Twitter/X citations with Washington Post citations of the same reporting, since automated verification of the original twitter.com/t.co links was inconclusive (X now returns HTTP 402 to non-browser requests). Added Key Takeaways and an FAQ section, and removed editorializing language from the original 2020 draft. Added a new section on the Fulton County, Georgia criminal case: the January 2 call's role as Count 28 of the August 2023 indictment, Fani Willis's December 2024 disqualification and the Georgia Supreme Court's September 2025 refusal to review it, and the case's dismissal on November 26, 2025. Cited Georgia's recording-consent and admissibility statutes by section number (O.C.G.A. §§ 16-11-62, 16-11-66, 16-11-67) rather than describing them only in general terms.

Sources and References

  1. Transcript and audio: Trump call with Georgia Sec. of State Brad Raffensperger - The Washington Post (Jan. 3, 2021)(washingtonpost.com)
  2. Trump pressures Georgia's Raffensperger to overturn his defeat - The Washington Post (Jan. 3, 2021)(washingtonpost.com)
  3. Brad Raffensperger to Donald Trump: 'What you're saying is not true' - CNN (Jan. 3, 2021)(cnn.com)
  4. Georgia - Reporter's Recording Guide, Reporters Committee for Freedom of the Press (one-party consent under O.C.G.A. §§ 16-11-62 and 16-11-66(a))(rcfp.org)
  5. D.C. Code § 23-542 - Interception, disclosure, and use of wire or oral communications(code.dccouncil.gov).gov
  6. Nuckles v. State, 310 Ga. 624 (2020) (Supreme Court of Georgia, quoting O.C.G.A. § 16-11-67 on admissibility of unlawfully obtained recordings)(gasupreme.us).gov
  7. Fulton County Criminal Indictment, State v. Trump et al., Case No. 23SC188947 (Aug. 14, 2023)(fultonclerk.org).gov
  8. Fani Willis disqualified from Trump election case by Georgia appellate court - The Washington Post (Dec. 19, 2024)(washingtonpost.com)
  9. Georgia Supreme Court declines to hear Fani Willis' appeal of her removal from Trump election case - PBS News (Sept. 16, 2025)(pbs.org)
  10. State's Motion to Nolle Prosequi and Exhibit A, Memorandum of Peter J. Skandalakis, District Attorney Pro Tempore, State v. Trump et al., No. 23SC188947 (Fulton Cty. Super. Ct., Nov. 26, 2025) (n.2: Counts 2, 5, 6, 23, 28, and 38 quashed by order dated Mar. 13, 2024)(s3.documentcloud.org)
  11. Fulton County election interference case against Trump and his allies is dismissed - Georgia Recorder (Nov. 26, 2025)(georgiarecorder.com)
  12. Lawyer Kenneth Chesebro pleads guilty over efforts to overturn Trump's 2020 loss in Georgia - AP News (Oct. 20, 2023)(apnews.com)
  13. Ex-Trump attorney Jenna Ellis pleads guilty in Georgia election interference case - NPR (Oct. 24, 2023)(npr.org)
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