Judge Orders Fani Willis to Pay Attorney Fees and Turn Over Documents in Open Records Act Violation

A Fulton County Superior Court judge has ruled against District Attorney Fani Willis, ordering her office to pay over $54,000 in attorney fees and to hand over documents after finding violations of Georgia’s Open Records Act. The ruling comes in response to a lawsuit filed by attorney Ashleigh Merchant, who represents Michael Roman, a former Trump campaign staffer indicted in August 2023 on charges related to efforts to overturn the 2020 election results in Georgia.

Background: The Indictment and the Open Records Act Dispute

In August 2023, a grand jury in Atlanta indicted former President Donald Trump and 18 others, including Michael Roman, under Georgia’s anti-racketeering law. The indictment alleged that they participated in a scheme to overturn Trump’s narrow 2020 loss to Joe Biden in the state. Four individuals have since pleaded guilty, while Trump and others, including Roman, have maintained their innocence.

Ashleigh Merchant, representing Roman, filed a lawsuit in January 2024, accusing Willis’ office of failing to comply with public records requests. Merchant sought documents related to the case, including reports from companies hired to monitor public perception of Willis’ statements and a copy of a non-disclosure agreement signed by employees of the district attorney’s office. Willis’ office was accused of ignoring Merchant’s requests, leading to the lawsuit. Merchant emphasized that the legal action was taken as a last resort, stating that Willis’ office "were just ignoring it and telling us that documents didn’t exist that we knew existed."

Judge Finds Intentional Violations of the Open Records Act

Judge Rachel Krause found that Willis’ office had intentionally violated the Open Records Act, describing the failures as "not done in good faith" and "substantially groundless and vexatious." Krause pointed out that Merchant’s requests were handled differently compared to other requests, with Open Records Officer Dexter Bond admitting he refused to communicate with Merchant by phone, despite it being his standard practice for unclear requests. Krause concluded that this behavior indicated a lack of good faith and ordered Willis’ office to turn over all responsive documents and pay Merchant’s legal fees.

A spokesperson for Willis’ office has stated that they intend to appeal the ruling.

Documents at the Center of the Dispute

Among the records sought by Merchant were reports from firms contracted by Willis’ office to gauge the public’s response to her media statements. According to court filings, Willis began hiring these firms shortly before her office sought the indictments against Trump, Roman, and others. Merchant also requested a list of attorneys hired by Willis and a copy of the non-disclosure agreement signed by employees of the district attorney’s office.

The case has drawn attention due to its connection to the broader election interference investigation. Willis’ office is currently appealing an earlier ruling by the Georgia Court of Appeals, which determined that she could not continue prosecuting the case due to a potential conflict of interest. The Appeals Court cited an "appearance of impropriety" stemming from a romantic relationship between Willis and Nathan Wade, a special prosecutor she had appointed to lead the case. Merchant first exposed this relationship in a January 2024 court filing, arguing that it created a conflict that should disqualify Willis from the case.

The Broader Implications of the Election Interference Case

The election interference case began in August 2023, when a grand jury indicted Trump and 18 other individuals under Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act. The indictment alleged a broad scheme to overturn Trump’s 2020 loss, including Trump’s infamous call to Georgia Secretary of State Brad Raffensperger, urging him to "find" enough votes to change the election outcome.

While Trump and Roman have pleaded not guilty, four individuals have already pleaded guilty in the case. Even if the Georgia Supreme Court reverses the lower court’s ruling and allows Willis to continue prosecuting the case, it’s unlikely she can pursue charges against Trump while he is president. However, the 14 other defendants, including Roman, would still face charges.

Conclusion: Implications and Next Steps

The ruling against Willis’ office highlights the ongoing legal battles in Georgia related to the 2020 election and the attempts to challenge its outcome. While the immediate focus is on complying with the court’s order, the broader implications of the election interference case remain unresolved. The Georgia Supreme Court has yet to decide whether to take up the case, and it’s unclear whether Willis will ultimately be allowed to continue prosecuting it.

In the meantime, Merchant’s successful lawsuit underscores the importance of transparency in government operations and the public’s right to access information under the Open Records Act. As the legal drama unfolds, it continues to draw national attention, particularly given its connection to former President Trump and the polarized political climate surrounding the 2020 election.