(Georgia Recorder) — Fulton County District Attorney Fani Willis has been ordered to turn over documents and pay $54,000 in attorneys fees in the 2020 election interference case after a judge ruled that she violated state open records laws.
Fulton Superior Court Judge Rachel Krause ruled Friday in favor of defense attorney Ashleigh Merchant after finding that Willis and Fulton officials acted in a “hostile” and “substantially groundless” manner while not complying with the Open Records Act to turn over public records.
Krause wrote that after listening to testimony and reviewing evidence presented during a court hearing, Fulton officials failed to make any meaningful effort to search for documents requested by Merchant and did not respond to her initial request within three business days.
The judge ordered Willis’s office to provide Merchant with the requested documents within 30 days, including relevant employee emails and communication between the D.A. and purchasing office about payments to outside legal counsel. In addition, Willis must submit a copy of the non-disclosure agreement that employees must sign, as well as turn over a list of the attorneys hired by Willis since 2021, the order says.
Krause wrote that Fulton County records custodian Dexter Bond testified that he intentionally treated Merchant’s request differently than other open records filings, which included not communicating with the Marietta attorney by phone.
Merchant filed the lawsuit in Fulton County court after not receiving documents from the prosecutor’s office while she represented Michael Roman, one of 18 co-defendants indicted along with Republican President Donald Trump who were accused of illegally conspiring to overturn the 2020 presidential election in Georgia.
Merchant requested records from Willis after uncovering evidence of a romantic affair between Willis and special prosecutor Nathan Wade, a lawyer she hired to lead the election investigation.
The Georgia Court of Appeals eventually disqualified Willis from the election case as a consequence of prosecutorial misconduct after Merchant filed a motion in January 2023 that undermined the Willis investigation of Trump and the remaining 15 co-defendants. Four of the people originally indicted plead guilty.
Merchant testified at a March 2024 Senate Special Committee on Investigations that she began gathering information about Wade’s contract with the D.A.’s office and other details surrounding his November 2021 appointment by Willis.
Willis is requesting that the Georgia Supreme Court consider her challenge after the state’s appellate court disqualified her from prosecuting the Trump case.
Willis also continues to try to block the Senate investigative committee subpoenas requesting her to testify and turn over a trove of documents.
