The Superior Court of Fulton County, Georgia, has ruled that District Attorney Fani Willis must release all communications she had with Special Counsel Jack Smith and the now-disbanded January 6 Committee.
This decision comes after Judicial Watch filed a lawsuit under Georgia’s Open Records Act (ORA) and accused Willis of failing to respond in a timely manner.
Judicial Watch, a conservative watchdog organization, argued that Willis had been served with the lawsuit on March 11, 2024, with her response due within 30 days. By May, when no response was filed, the group sought a default judgment.
The court agreed, finding Willis in default due to her failure to respond by the April 10 deadline.
The court explained that while there was a delay in the return of service appearing on the electronic docket, the return had been filed on March 13 and was stamped as received by the Clerk. Thus, Willis was legally required to file her answer by the April deadline.
Willis claimed she relied on an April 15 court order directing Judicial Watch to serve her again, which led her to believe she was not yet obligated to respond.
However, the court dismissed this argument, noting that Willis could have addressed the issue by filing to open her default, either during the 15-day statutory grace period or afterward, citing one of three permissible grounds.
The court stated, “Defendant did none of that: she never moved to open default on any basis…she never paid costs, and she never offered up a meritorious defense.”
As a result of the ruling, Willis has been ordered to conduct a thorough search of her records and provide Judicial Watch with any responsive documents within five business days unless those records are exempted by law.
Judicial Watch is particularly interested in communications that might show coordination between Willis and federal entities, including the Biden administration and the January 6 Committee, in her prosecution of former President Donald Trump.
Judicial Watch President Tom Fitton criticized Willis following the court’s decision. “Fani Willis is something else,” Fitton said. “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.”
The lawsuit by Judicial Watch alleged that Willis’ claim of having no responsive records was likely false. It cited evidence, including a December 2021 letter Willis sent to Rep. Bennie Thompson, who chaired the January 6 Committee, as part of their case. The court’s ruling now compels Willis to produce any communications related to the inquiry.
This ruling marks a significant step in Judicial Watch’s ongoing efforts to scrutinize Willis’ actions in her high-profile prosecution of Trump, raising questions about potential political motivations and federal coordination.