DOJ Must Release Jack Smith And Fani Willis Communications

FBI seal on a building exterior wall.

Judicial Watch has successfully compelled the Department of Justice to unveil communications between former Special Counsel Jack Smith and Fulton County District Attorney Fani Willis regarding Donald Trump’s legal cases. The court’s decision aligns with previous legal actions against Willis, who was found to have violated Georgia’s Open Records Act. What specific information might be revealed in the communications between Jack Smith and Fani Willis?

Federal Court Orders DOJ to Release Trump Case Communications

A federal court has mandated the U.S. Department of Justice to disclose files on communications between former Special Counsel Jack Smith and Fulton County District Attorney Fani Willis regarding the prosecution of Donald Trump. This order comes after the DOJ’s initial refusal to release information, even following the closure of Trump’s prosecutions.

Judge Dabney L. Friedrich ruled that the DOJ’s arguments for non-disclosure are no longer valid, as the federal cases against Trump have concluded. The DOJ must now 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 Legal Battle and DOJ’s Response

Judicial Watch initiated legal action against the DOJ in October 2023 after the department failed to comply with an August 2023 FOIA request related to Willis’s investigation of Trump. Initially, the DOJ refused to confirm or deny the existence of relevant records, citing potential interference with ongoing enforcement proceedings.

The court has now ordered the DOJ to meet with Judicial Watch by February 21, 2025, and report the status of their discussion. Judicial Watch president Tom Fitton criticized the DOJ’s handling of the records, stating, “President Trump truly needs to overhaul the Justice Department from top to bottom.”

Implications and Previous Legal Actions

This ruling follows a separate legal action 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. Willis had falsely claimed not to have records of communications with Smith’s office or the House Select January 6 committee.

Judicial Watch sought 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. The organization also requested any other communications between the two offices.

Sources: