A federal court has ordered the Department of Justice to disclose communications between former Special Counsel Jack Smith and Fulton County District Attorney Fani Willis regarding the prosecution of Donald Trump.
At a Glance
- DOJ ordered to release files on communications between Jack Smith and Fani Willis
- Court ruled DOJ’s non-disclosure arguments invalid as Trump cases are closed
- Judicial Watch sued DOJ in October 2023 for failing to comply with FOIA request
- DOJ must meet with Judicial Watch by February 21, 2025, and report to court
- Fani Willis previously ordered to pay over $21,500 for violating Georgia’s Open Records Act
Federal Court Demands Transparency from DOJ
In a significant legal victory for government transparency, a federal court has mandated that the U.S. Department of Justice (DOJ) release files containing communications between former Special Counsel Jack Smith and Fulton County District Attorney Fani Willis regarding the prosecution of Donald Trump. This ruling comes after the DOJ’s initial refusal to disclose information, even following the closure of Trump-related prosecutions.
Judge Dabney L. Friedrich invalidated the DOJ’s arguments for non-disclosure, citing that the federal cases against Trump are now closed. The court order stipulates that the DOJ must process Judicial Watch’s Freedom of Information Act (FOIA) request and either disclose the records or provide justification for their exemption from disclosure.
Judicial Watch’s Persistent Legal Engagement
The court’s decision stems from a lawsuit filed by Judicial Watch against the DOJ in October 2023. The conservative watchdog group had submitted a FOIA request in August 2023 related to Willis’s investigation of Trump, which the DOJ failed to comply with. Initially, the DOJ refused to confirm or deny the existence of relevant records, citing potential interference with ongoing enforcement proceedings.
The court has set a deadline of February 21 for the DOJ to meet with Judicial Watch and report the status of their discussion to the court.
Previous Penalties and Ongoing Transparency Efforts
This federal court order follows a separate ruling in Georgia, where a Fulton County judge ordered Fani Willis to pay over $21,500 in attorney’s fees and litigation expenses to Judicial Watch for violating Georgia’s Open Records Act. The penalty was imposed after Willis falsely claimed not to have records of communications with Smith’s office or the House select January 6 committee.
While Judicial Watch has received payment from Willis, the organization continues to pursue the requested documents. The recent federal court order extends beyond the Georgia case, encompassing communications between Smith’s office and the Fulton County District Attorney regarding federal assistance in the investigation of Trump and others related to the 2020 election case.
