A federal judge has ruled that the Department of Justice (DOJ) must release documents regarding any discussions between former Special Counsel Jack Smith and Fulton County District Attorney Fani Willis about their prosecution of President Donald Trump. The decision marks a victory for Judicial Watch, which sued to obtain the records after the DOJ failed to comply with a Freedom of Information Act (FOIA) request.
Judicial Watch initially submitted the FOIA request in August 2023, seeking details on whether Willis sought or received federal assistance in her case against Trump and his associates. After the DOJ declined to release the records, the group sued in October. Even after federal charges against Trump were dismissed, the DOJ continued to block the request, claiming that releasing the documents could interfere with law enforcement proceedings.
On January 28, U.S. District Judge Dabney L. Friedrich rejected that argument, ruling that “the cases are closed — not pending or contemplated” and that the DOJ no longer had grounds to withhold the information. The judge denied the DOJ’s attempt to block the request and instructed the agency to either release the records or demonstrate that they are exempt.
As part of the court order, the DOJ must meet with Judicial Watch by February 21 and provide an update on their discussions. Judicial Watch President Tom Fitton called the DOJ’s refusal to release the documents “a scandal,” pointing out that the agency’s objections were unfounded.
This ruling follows another legal challenge involving Willis. A Georgia judge recently found that she violated the state’s Open Records Act by withholding documents related to her communication with Smith and the House January 6 committee. She was ordered to pay over $21,500 in attorney’s fees and litigation expenses.
Judicial Watch has confirmed that Willis has made the court-ordered payment. However, the group remains focused on ensuring that the DOJ complies with the ruling and releases the requested records.
