Records from Fulton County District Attorney Fani Willis’ office could be made public if a court agrees to rule against Willis and the county in an open records lawsuit.
On Wednesday, the conservative activist group Judicial Watch sued Willis and Fulton County, Georgia. The Georgia Open Records Act lawsuit alleges that the plaintiffs refused to hand over the district attorney’s communications with the former January 6 Committee and special counsel Jack Smith.
In the complaint, Judicial Watch said Willis denied its August request for documents because it “[did] not have the responsive records.” Following a series of congressional letters and news reports that said members of Willis’ team had traveled to Washington, D.C., to meet with lawmakers, Judicial Watch argued in its lawsuit that Willis’ office had lied about not having the requested documents.
As a prayer for relief, the group is asking the court to order Willis’ office to search and turn over those records. Known for its Freedom of Information Act lawsuits, Judicial Watch says it aims “to promote transparency, accountability, and integrity in government and fidelity to the rule of law.” If the group is able to obtain the documents in question, those communications could be released to the public.
Newsweek reached out to Judicial Watch via inquiry form for comment.
Former federal prosecutor and elected state attorney Michael McAuliffe told Newsweek that part of the reason Willis’ office may not have initially handed over those communications is that “records in ongoing criminal cases are frequently exempt from disclosure based on public records requests.”
“The reason is that the information might interfere with the criminal justice process,” McAuliffe said.
As of early Friday, Willis is still prosecuting the sweeping RICO case against former President Donald Trump and 18 others over their alleged efforts to overturn Georgia’s 2020 election results. The judge presiding over the case is expected to rule later in the day as to whether Willis’ romantic relationship with special prosecutor Nathan Wade is enough to warrant her office’s disqualification.
Judicial Watch also sued Fulton County in January over records related to Wade’s hiring. That lawsuit argues that the group never received an official response to its request. Judicial Watch has a third lawsuit involving Willis, although it is against the Department of Justice over records that it’s seeking to obtain between Smith and Willis.
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“To date, the DOJ is refusing to confirm or deny the existence of records, claiming that to do so would interfere with enforcement proceedings. Judicial Watch’s litigation challenging this is continuing,” a Wednesday press release said.
As part of the lawsuit filed Wednesday, Judicial Watch is also asking the court to award the group attorney’s fees and other costs related to bringing the legal challenge. McAuliffe said those costs could balloon if the matter takes long to resolve, giving Willis’ office another headache to deal with.
“The amount of fees and costs depends on what occurs next,” he said. “If a trial or evidentiary hearing takes place prior to any judicial determination and Judicial Watch prevails, the fees would be higher than if the matter resolves quickly. Notably, the suit names Fani Willis in her official capacity as the district attorney, so any payment of fees and costs would come from the County, not her individually.”
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