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Maryland is one of 11 states which require two-party consent. Under the state's Wiretap Act, recording a private conversation without consent from both parties is punishable by up to five years in prison, a fine of up to $10,000, or both.

Harrison Floyd, the defendant, has given Fani until noon on Monday to recuse herself from the case or he "may have no other choice than to pursue all lawful remedies."

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