Contentious hearing as Fulton DA’s Office faces claims of withholding records

ATLANTA - Fulton County District Attorney Fani Willis’ office has come under fire, accused by one of the defense attorneys in the Trump Georgia election interference case of not complying with the Georgia Open Records laws.

A Fulton County judge held a hearing on the lawsuit Thursday. 

Attorney Ashleigh Merchant, who represents Michael Roman, addresses the Fulton County Superior Court on Sept. 19, 2024. 

Attorney Ashleigh Merchant, who represents Michael Roman, a former campaign operative for former President Donald Trump, claims the DA’s office did not fully comply with the requests for records, which is in direct violation of Georgia law. 

Deputy District Attorney Dexter Bond took the stand on Thursday afternoon.

Fulton County Deputy District Attorney Dexter Bond testified in Fulton County Superior Court on Sept. 19, 2024.

During his testimony, which at times was contentious, Bond testified about a response he drafted to Merchant regarding the open records request. The District Attorney’s Office also introduced multiple documents.

The DA’s office contends the lawsuit, filed back in January, is part of the defense’s attempts to remove Willis from prosecuting the 2020 election interference case. They further claim the lawsuit is another effort to delay, harass, and potentially intimidate prosecutors. 

The DA’s office maintains it is not custodian of record for many of the documents Merchant requested. It further argued that it has constitutional immunity from being sued. 

The DA’s office claims it has already turned over several documents that were requested. 

Fani WIllis did not appear at Thursday's hearing and was not called to the stand. Fulton County Superior Court Judge Rachel Krause ruled she cannot hold Willis in contempt because she had not been called to the stand. The judge further stated that she doesn't believe Willis' testimony was directly needed, unless there was a need to clarify something.

Fulton County Superior Court Judge Rachel Krause presides over a hearing in a lawsuit brought against DA Fani Willis on Sept. 19, 2024.  (FOX 5)

During a Sept. 5 hearing, Judge Krause ruled to remove Willis as an individual from the case, but not in her capacity as DA.

Jeff DiSantis, who works in the DA's press relations office, and Shawanda Miller, a spokesperson for Fulton County, were also called to the stand.

The Fulton County Superior Court holds a hearing in a lawsuit brought against DA Fani Willis on Sept. 19, 2024.  (FOX 5)

There is no word on when Fulton County Superior Court Judge Rachel Krause will make her ruling in the case. 

This hearing comes a day after another judge denied Willis’ attempt to quash a subpoena that would force her to testify before a Georgia Senate committee which is investigating her actions in prosecuting the election interference case. Part of the committee’s probe includes her romantic relationship with special prosecutor Nathan Wade, who she hired.