A legal clash unfolds in Fulton County, Georgia, as District Attorney Fani Willis faces judicial scrutiny over her handling of public records.
According to Law&Crime, Fulton County Superior Court Judge Robert McBurney found Willis in violation of Georgia's open records laws, ordering her to produce documents related to communications with Special Counsel Jack Smith and the former House January 6 committee.
The ruling stems from a lawsuit filed by conservative watchdog group Judicial Watch, which sought records of Willis's communications with federal investigators. The group had previously alleged that Willis and Fulton County made "likely false" representations about possessing such documents.
The controversy began on August 22, 2023, when Judicial Watch submitted an open records request seeking documents and communications between Willis's office, Jack Smith, and the House committee investigating the January 6 riots. Initially, Fulton County responded by claiming they had no responsive records.
Judicial Watch President Tom Fitton expressed his concerns about the situation. He stated:
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.
The judge's order highlighted Willis's failure to respond appropriately to the lawsuit, noting that she had been in default since April 11 and only moved to appear in court on May 15.
Judge McBurney's six-page order detailed multiple procedural missteps by Willis's office. Despite Georgia law providing various options for defendants to "open default" and defend cases on their merits, Willis did not utilize any of these legal safeguards.
The court specifically noted Willis's office's complete lack of proper response. According to Judge McBurney:
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.
The judge has now ordered Willis to produce the requested records within five business days, except for those legally exempted from disclosure.
dditionally, if certain records are withheld, Willis must follow specific statutory procedures to justify their exemption.
A hearing regarding attorney fees is scheduled for December 20, following Judicial Watch's request for compensation. The conservative group views this ruling as a significant victory in their pursuit of transparency regarding Willis's communications with federal entities.
This development adds another layer of complexity to Willis's ongoing legal battles, as she faces increased scrutiny over her office's handling of public records requests. The court's decision not only mandates immediate action but also leaves open the possibility of additional financial penalties through attorney fees.
District Attorney Fani Willis must now comply with the court's order to produce communications with Special Counsel Jack Smith and the January 6 committee within the specified timeframe. The ruling represents a significant victory for Judicial Watch in their efforts to obtain these potentially crucial documents, while also highlighting the importance of proper adherence to open records laws by public officials.
