Due to her failure to reply to Judicial Watch’s lawsuit, Fulton County DA Fani Willis was found to have violated Georgia’s open records act by Judge Robert McBurney. 212 pages of correspondence between Willis and the January 6 committee and special counsel Jack Smith must be turned over. Willis first argued that there were no such records, but the judge granted a default judgment against her. Trump’s Georgia criminal case, which is presently on hold while appeals are heard, is concurrent with this case.
Judge Slams Willis for Records Violations
Fulton County District Attorney Fani Willis faces harsh judicial criticism after a Georgia judge ordered her to turn over 212 pages of documents related to communications with former special counsel Jack Smith and the House Select Committee on January 6. Judge Robert McBurney ruled that Willis violated Georgia’s open records act by failing to properly respond to a transparency lawsuit filed by Judicial Watch, a conservative watchdog organization.
The ruling, which included a default judgment against Willis, came after her office initially claimed no such records existed. Judge McBurney was unsparing in his assessment of Willis’s handling of the records request, ordering her to produce the documents within five business days and to pay Judicial Watch’s attorney fees.
Fani Willis' lawyers finally acknowledged they have 212 pages of records on their collusion with the J6 Committee targeting @realDonaldTrump. Trump was targeted for exercising his First Amendment rights and presidential duties to ensure election integrity in Georgia. @TomFitton… pic.twitter.com/VziCrt6Ndf
— Judicial Watch ⚖️ (@JudicialWatch) March 4, 2025
Shifting Claims About Document Existence
Willis’s office has given conflicting accounts regarding the existence of communications with Jack Smith and the January 6 committee. According to court documents, her initial response claimed no such records existed. After being sued and facing a default judgment, her position changed to acknowledging the documents but claiming they were exempt from disclosure under Georgia law.
The Fulton County Open Records Department claimed it conducted a “diligent search” but found no records of communication between Willis and Smith. This claim was later contradicted when the court ordered Willis to turn over the 212 pages of documents. Judge McBurney has also demanded that Willis explain how the records were found and why they were initially withheld.
Fani Willis' lawyers finally acknowledged they have 212 pages of records on their collusion with the J6 Committee targeting @realDonaldTrump. Trump was targeted for exercising his First Amendment rights and presidential duties to ensure election integrity in Georgia. @TomFitton… pic.twitter.com/VziCrt6Ndf
— Judicial Watch ⚖️ (@JudicialWatch) March 4, 2025
Connections to Trump’s Georgia Case
The records controversy comes as Willis’s prosecution of President Donald Trump and 18 co-defendants remains paused. Trump and his co-defendants face charges related to alleged efforts to overturn the 2020 election results in Georgia. Four defendants have already taken plea deals, while Trump and the remaining defendants have pleaded not guilty.
Trump’s legal team previously sought communications between Willis and the House Select Committee, referencing a 2021 letter in which Willis requested “access to records that may be relevant to our investigation.” The case is currently stalled as Trump and co-defendants appeal a decision not to disqualify Willis over her relationship with former prosecutor Nathan Wade, who testified that “there was no sharing of tangible documents” between the investigations.
Broader Scrutiny of Willis’s Investigation
The records dispute represents just one aspect of intensifying scrutiny facing Willis. Republican lawmakers and conservative groups have raised questions about potential coordination between Willis’s office, Jack Smith’s federal investigation, and the House Select Committee on January 6. The Republican-led House Judiciary Committee is examining Willis’s requests for information from the House committee.
“Fani Willis can’t be trusted. Every time we go back to court, there are new excuses and new documents that she said never existed.”
Despite Trump’s status as president, the charges against him in Georgia have not been dropped. This contrasts with Jack Smith’s decision to conclude all federal court proceedings against Trump following his 2024 election victory, which aligns with Justice Department policy against charging a sitting president. The disclosure of these communications could shed new light on the relationship between the various investigations targeting Trump and his allies.