Georgia judge orders DA Willis to turn over communications with Special Counsel Smith, Jan. 6 Committee
Things are not going well for some of the prosecutors who criminally indicted President-elect Donald Trump and sought to imprison him, including Special Counsel Jack Smith at the federal level and Fulton County District Attorney Fani Willis in Georgia.
On Monday, a Georgia judge ordered Willis to turn over all communications between her office and that of Special Counsel Smith as well as the now-defunct House Select January 6 Committee, Fox News reported.
That order from the judge came as a result of a lawsuit filed by conservative watchdog group Judicial Watch, which initially sought such communications in a Georgia Open Records Act request first filed in 2023 that Willis essentially ignored.
Records request ignored, lawsuit filed
According to a Judicial Watch press release, the organization first filed its request in August 2023 for DA Willis to turn over communications between herself and Special Counsel Smith along with the Jan. 6 committee, only to be told that no such records existed.
Believing that response to be "likely false," given some public evidence and strong suspicions of coordination in the anti-Trump efforts, Judicial Watch filed a lawsuit in March demanding the production of the communications while asking the court to find Willis in default for violating the state's Open Records Act.
That all came to fruition on Monday when Fulton County Superior Court Judge Robert McBurney declared that Willis was in default and ordered her to respond to Judicial Watch's requests within five business days.
Willis found in default, ordered to hand over requested records
In a 6-page order, Judge McBurney wrote, "The Court finds Defendant is in default and has been since 11 April 2024," as she did not provide a timely response to Judicial Watch's lawsuit.
It was also noted that DA Willis had several options available to her to challenge the lawsuit within a 15-day and 30-day period, "But Defendant did none of that: she never moved to open default on any basis (not even during the period when she could have opened default as a matter of right), she never paid costs, and she never offered up a meritorious defense."
"Plaintiff is thus entitled to judgment by default as if every item and paragraph of the complaint were supported by proper and sufficient evidence," McBurney wrote. "Here, this means Plaintiff has established that Defendant violated the ORA by failing to either turn over responsive records or else notify Plaintiff of her decision to withhold some or all such records."
"By finding Defendant in default, the Court has in effect declared that she has violated the ORA. The Court also hereby ORDERS Defendant to conduct a diligent search of her records for responsive materials within five business days of the entry of this Order," he continued. "Within that same five-day period, Defendant is ORDERED to provide Plaintiff with copies of all responsive records that are not legally exempted or excepted from disclosure."
The judge further scheduled a hearing for Dec. 20 to discuss Judicial Watch's request that DA Willis be held liable for all court costs and attorneys' fees, given that she has been found in default.
Requested records expected to be revealing
In the press release, Judicial Watch President Tom Fitton said, "Fani Willis is something else. We’ve been doing this work for 30 years, and this is the first time in our experience a government official has been found in default for not showing up in court to answer an open records lawsuit."
"Judicial Watch looks forward to getting any documents from the Fani Willis operation about collusion with the Biden administration and Nancy Pelosi’s Congress on her unprecedented and compromised 'get-Trump' prosecution," he added.
It will indeed be interesting to see if, as has long been suspected, DA Willis colluded and coordinated with Special Counsel Smith and the Jan. 6 Committee on their shared efforts to publicly smear and prosecute President-elect Trump for his actions in the aftermath of the disputed 2020 election.