In a legal win for Judicial Watch, a federal court has ordered the U.S. Department of Justice (DOJ) to release all files related to communications between former Special Counsel Jack Smith and Fulton County District Attorney Fani Willis regarding the prosecution of former President Donald Trump.
.@TomFitton: UPDATE: Fed court judge orders DOJ to search for Fani Willis collusion documents for @JudicialWatch. Another stonewall smashed! pic.twitter.com/z7iex80zyA
— Judicial Watch ⚖️ (@JudicialWatch) February 8, 2025
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The ruling comes after the DOJ refused to release the records, even after federal cases against Trump were dismissed.
Judge Dabney L. Friedrich issued the decision on January 28, stating that the DOJ’s previous justification for withholding records no longer applies since the criminal proceedings have ended.
“Since [the] DOJ filed its motion for summary judgment and supporting Declaration in March 2024, the Special Counsel’s criminal enforcement actions have been terminated,” Friedrich wrote in the ruling.
“The cases are ‘closed—not pending or contemplated—and therefore are not proceedings with which disclosure may interfere.’”
The judge denied the DOJ’s motion for summary judgment and granted Judicial Watch’s cross-motion, directing the agency to process the records request and either release the information or demonstrate that an exemption applies.
Judicial Watch initially filed a Freedom of Information Act (FOIA) request in August 2023, seeking records related to any federal funding or assistance provided to Willis in her investigation of Trump and his associates.
A federal court ordered the DOJ to provide information on communications between Special Counsel Jack Smith and District Attorney Fani Willis regarding the prosecution of then-former President @realDonaldTrump. READ: https://t.co/IPSO9bMtOo
— Judicial Watch ⚖️ (@JudicialWatch) February 7, 2025
After the DOJ failed to respond, the watchdog group sued in October 2023.
In December, the DOJ officially responded by refusing to confirm or deny the existence of relevant records, arguing that releasing the documents could interfere with ongoing enforcement proceedings.
However, even after the cases were closed, the DOJ continued to withhold the records.
Under the court’s latest ruling, the DOJ is required to meet with Judicial Watch on or before February 21, 2025, and report the status of the records request to the court.
Judicial Watch President Tom Fitton criticized the DOJ for withholding records, calling the situation a “scandal.”
“President Trump truly needs to overhaul the Justice Department from top to bottom,” Fitton said in a press release.
“It is a scandal that a federal court had to order the Justice Department to admit the truth that their objections to producing records about collusion with Fani Willis had no basis in reality.”
This is not the first time Judicial Watch has taken legal action against officials involved in Trump-related prosecutions.
Last month, a Fulton County judge ordered Willis to pay over $21,500 in attorney’s fees and litigation expenses for violating Georgia’s public records law.
A December ruling found that Willis had failed to comply with Georgia’s Open Records Act (ORA) by wrongfully withholding documents requested by Judicial Watch.
The court determined that Willis falsely claimed she had no records of communications with Smith’s office or the House January 6 Committee.
“Non-compliance has consequences. One of them can be [financial] liability,” the judge stated in the ruling.
According to Fitton, Judicial Watch recently received the payment from Willis.
“We got the Fani Willis check last week,” Fitton tweeted. “But we really want the documents!”
We got the Fani Willis check last week. But we really want the documents! @RealDonaldTrump @JudicialWatch https://t.co/KveQA4Cn2T
— Tom Fitton (@TomFitton) February 2, 2025
The court’s decision now puts pressure on the DOJ to comply with transparency laws and reveal whether Willis coordinated with federal prosecutors in the Trump cases.
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