Judge Orders DOJ To Hand Over Records On Fani Willis And Jack Smith Communications

A federal judge has ruled that the Department of Justice (DOJ) must release records of any communication between former Special Counsel Jack Smith and Fulton County District Attorney Fani Willis regarding the prosecution of President Donald Trump. The decision follows a lawsuit from Judicial Watch, which sought the records after the DOJ failed to comply with a Freedom of Information Act (FOIA) request.

The ruling, issued by U.S. District Judge Dabney L. Friedrich on January 28, rejected the DOJ’s argument that the documents were protected under exemptions meant to shield active law enforcement proceedings. The judge determined that the cases brought by Smith had been closed and that withholding the records was no longer justified. The DOJ had previously refused to confirm or deny the existence of any relevant files, citing concerns over enforcement proceedings, even after the prosecutions had been dropped.

Judicial Watch originally filed its FOIA request in August 2023, seeking records related to Willis requesting or receiving federal assistance in prosecuting Trump and his associates. When the DOJ failed to produce the documents, the group sued in October of that year. The agency later maintained its refusal to release the records, even after the dismissal of Smith’s cases against Trump, prompting the court to intervene.

Now, the DOJ has until February 21 to meet with Judicial Watch and report to the court on the status of their discussions. The judge’s order directs the DOJ to either turn over the requested records or prove that they are exempt from release. Judicial Watch President Tom Fitton called the DOJ’s attempts to block disclosure “a scandal,” arguing that the court had to force the agency to acknowledge reality.

The case is the latest legal challenge involving Willis. A separate ruling recently ordered her office to pay over $21,500 in attorney’s fees and other legal expenses after she was found to have violated Georgia’s Open Records Act. The case stemmed from a lawsuit brought by Judicial Watch, which accused her office of improperly withholding documents related to its coordination with Smith and the House January 6 committee.

Judicial Watch has since confirmed that Willis’s office has made the court-ordered payment. However, the group remains focused on obtaining the records that the DOJ has been withholding regarding any cooperation between Smith and Willis in their efforts to prosecute Trump.

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