Court Forces DOJ To Release Communications Between Jack Smith And Fani Willis

A federal court has ordered the Department of Justice (DOJ) to turn over records related to any coordination between former Special Counsel Jack Smith and Fulton County District Attorney Fani Willis in their prosecution of President Donald Trump. The decision follows the DOJ’s refusal to comply with a Freedom of Information Act (FOIA) request filed by Judicial Watch in 2023.

The watchdog group originally sought documents detailing whether Willis had sought or received federal assistance in her case against Trump. The DOJ denied the request, claiming disclosure could interfere with enforcement proceedings. Even after the cases against Trump were dismissed, the DOJ maintained its stance, leading to the lawsuit.

On January 28, U.S. District Judge Dabney L. Friedrich ruled against the DOJ, stating that the cases were “closed — not pending or contemplated” and therefore did not qualify for exemption. The judge denied the DOJ’s request to withhold the documents and directed the agency to release the records or provide a valid exemption.

The DOJ must now meet with Judicial Watch by February 21 and update the court on the status of their discussions. Judicial Watch President Tom Fitton said the DOJ’s attempt to avoid disclosure “had no basis in reality” and accused the agency of trying to cover up its actions.

Meanwhile, Willis has also faced legal trouble regarding transparency. A Georgia judge recently ruled that she violated the state’s Open Records Act and ordered her office to pay more than $21,500 in legal fees. Judicial Watch had sued after Willis initially denied having records related to her communications with Smith and the House January 6 committee, only to later admit to withholding them.

Judicial Watch confirmed that Willis’s office has since issued the court-ordered payment. The group, however, remains focused on obtaining the DOJ records that could reveal the extent of Smith and Willis’s collaboration.