A federal judge has ruled that the Department of Justice (DOJ) must release documents detailing any communication between former Special Counsel Jack Smith and Fulton County District Attorney Fani Willis regarding the prosecution of President Donald Trump. The ruling comes after the DOJ refused to comply with a Freedom of Information Act (FOIA) request from Judicial Watch.
Judicial Watch initially filed the FOIA request in August 2023, seeking records on whether Willis had requested or received any federal assistance in her case against Trump and his allies. After the DOJ failed to provide the documents, the watchdog group filed a lawsuit in October. The DOJ later argued that releasing the records could interfere with active law enforcement proceedings, even though the cases against Trump had been dismissed.
On January 28, U.S. District Judge Dabney L. Friedrich rejected the DOJ’s justification, ruling that the cases were “closed — not pending or contemplated” and that the agency could no longer claim an exemption. The judge denied the DOJ’s attempt to block the request and ordered it to either release the records or prove they were exempt.
The DOJ now has until February 21 to meet with Judicial Watch and report on their discussions. Judicial Watch President Tom Fitton called the DOJ’s refusal to release the records “a scandal” and said the ruling was necessary to hold the agency accountable.
This is not the first legal setback for Willis. A Georgia court recently found that she violated the state’s Open Records Act and ordered her office to pay more than $21,500 in attorney’s fees. The lawsuit, filed by Judicial Watch, accused her office of failing to release records related to her communications with Smith and the House January 6 committee.
Judicial Watch has since confirmed that Willis has complied with the court’s payment order. However, the group remains focused on obtaining full transparency regarding any coordination between Smith and Willis in the Trump prosecution.
