Fulton County District Attorney Fani Willis is facing potential financial consequences in the form of attorney’s fees after being sued by the conservative activist group Judicial Watch. The lawsuit, initiated in March, centers around allegations that Willis failed to comply with an open records request pertaining to documents and communications linked to Special Counsel Jack Smith and the U.S. House January 6 Committee. Judicial Watch, an organization recognized for its work in promoting transparency across various government operations, alleges that Willis’s non-compliance violates the law and undermines the public’s right to information. With a hearing scheduled for December 20 to deliberate on Judicial Watch’s request for attorney’s fees and costs, the stakes are steadily rising for Willis.
In a recent ruling, Superior Court of Fulton County Judge Robert C.I. McBurney declared Willis in default for not adhering to key court deadlines. Judicial Watch had served Willis with the lawsuit papers on March 11, prompting her to respond within 30 days. However, Willis failed to take legal actions that could have challenged the imposed deadlines, which Judge McBurney pointed out in his findings. He emphasized that she neither contested the default ruling nor provided any valid defenses for her non-compliance. As a result of this default ruling, the court’s position on the matter clearly indicates that Willis’s inaction has not only breached procedural protocols but also raised questions about her accountability.
Further complicating Willis’s predicament, Judge McBurney determined that she had violated the Open Records Act (ORA) by neglecting to either furnish the requested documents or by formally informing Judicial Watch that she would withhold certain records. The court has mandated that Willis undertake a thorough search of her office records within five days to identify all pertinent materials related to the open records request. Additionally, the directive includes the stipulation that any non-exempt records must be handed over to Judicial Watch, essentially stressing the legal obligation she holds to maintain transparency and adhere to the established regulatory framework governing public records.
Judicial Watch’s petition is not only focused on acquiring the documents but also seeks the court’s endorsement on the assertion that Willis breached the ORA, the enforcement of measures to ensure records are provided, and the awarding of attorney’s fees and costs incurred during the litigation process. Notably, the court has deemed that no additional relief is necessary at this juncture beyond the orders already stated. Judicial Watch President Tom Fitton remarked on the unusual nature of this case, indicating that in three decades of their operations, encountering a government official found in default in an open records lawsuit is unprecedented. Fitton expressed anticipation for transparency regarding alleged collusion involving Willis, the Biden administration, and Congress.
Willis, who has served as Fulton County’s district attorney since 2020, gained significant public attention after she indicted former President Donald Trump and 18 co-defendants on charges that included racketeering in 2023. This legal action stemmed from investigations into attempts made by Trump and his associates to overturn Georgia’s 2020 presidential election results. The dynamic surrounding this prosecution reflects the broader controversies and political implications of the Trump administration’s actions following the election. Consequently, the interconnectedness of Willis’s current legal challenges with her high-profile prosecution of Trump only intensifies public scrutiny and deliberation.
Compounding the situation further, the Georgia Court of Appeals recently announced the cancellation of a scheduled December 5 hearing, which was centered around Trump and his co-defendants seeking to disqualify Willis from their case. The rationale behind this postponement remains unclear, leaving stakeholders in the legal and political arenas to speculate on the potential ramifications. The appeals court’s decision to suspend hearings indicates a pivotal moment in the ongoing litigation, underscoring the complexities and unpredictability that characterize Willis’s role in leading both the prosecution against Trump and now navigating her own legal battles related to the open records request initiated by Judicial Watch.
