A Georgia judge has dealt a significant setback to Fulton County District Attorney Fani Willis by ordering her to produce critical records regarding her communications with Special Counsel Jack Smith. This ruling comes after Willis initially denied the existence of these records, only to later acknowledge them under legal pressure.
Fulton County Superior Court Judge Robert C.I. McBurney issued the order in response to a lawsuit by Judicial Watch, a watchdog group demanding transparency on whether Willis coordinated with Smith, a federal prosecutor involved in legal action against President Donald Trump. Judicial Watch had initially sought all documents and communications between Willis and Smith’s office, as well as those involving the House January 6th Committee.
Willis had previously asserted that no responsive records existed—a claim she maintained until Judicial Watch obtained a default judgment against her. It later emerged that her office possessed 212 pages of relevant documents. Judge McBurney’s ruling now compels Willis to produce these records for review, rejecting her argument that they should remain confidential under attorney-client privilege and investigative exemptions. According to the order, she must deliver all identified records to the court within five business days.
In addition, Willis is required to provide a sworn affidavit outlining her office’s search process, including what was searched, who conducted the search, and whether personal or government-issued cell phones were examined. Although McBurney’s decision stops short of appointing a special master to oversee the review process, it leaves that option open if further discrepancies arise. Should any records be found to have been improperly withheld, Willis will need to justify each exemption claim through an ex parte filing under seal.
This decision marks another legal setback for Willis, who has faced increasing scrutiny over her handling of the Trump case. In December, the Georgia Court of Appeals disqualified Willis from the Trump case, citing an appearance of impropriety due to her personal relationship with Nathan Wade, a special prosecutor she had appointed. While the court found no evidence of financial misconduct, it warned that the relationship could undermine public confidence in the impartiality of the prosecution, necessitating the appointment of a new prosecutor and potentially delaying proceedings as Trump prepared to resume the presidency.