Australia’s International Business Times is reporting that AC/DC will be without drummer Phil Rudd when they do their first-ever performance on the Grammy Awards, February 8th at the Staples Center in Los Angeles.

With all due respect to this publication, it does not take a rocket scientist to figure out that until Rudd resolves his legal issues in New Zealand — you remember, the charge of threatening to kill and drug possession — the last thing he will be doing is playing drums on stage outside of New Zealand. Plus, it’s highly unlikely he would be able to obtain a U.S. work visa with these charges hanging over his head.

Rudd is scheduled to be in a New Zealand courtroom on February 10th. No word on who AC/DC will hire to fill in.