Fulton County denied dismissal in open records lawsuit over 2020 election case docs
Attorney Ashleigh Merchant hands Fulton County DA Fani Willis a document in court. Photo by Getty Images
FULTON COUNTY, Ga. - The Superior Court of Fulton County and Judge Rachel Krause has made a decision related to the complaint that Fulton County District Attorney Fani Willis and her office violated Georgia's Open Records laws in the election interference case involving former President Donald Trump and 18 allies.
Ashleigh Merchant, representing Michael Roman, a former operative for Trump's campaign, accused the Fulton County District Attorney’s Office of not fully complying with requests for records, which violates Georgia law.
During a hearing on Sept. 19, Deputy District Attorney Dexter Bond testified about the office’s response to Merchant's open records request. The District Attorney's office introduced several documents in defense, arguing that many of the requested documents were not in its custody and asserting constitutional immunity from being sued.
The District Attorney's office claimed that this lawsuit is part of an effort to remove Willis from her role in prosecuting the 2020 election interference case.
Initially, the lawsuit was directed solely at the District Attorney's Office, but it later expanded to include Fulton County and District Attorney Fani Willis, both in her official and individual capacities.
The court addressed the following in its ruling:
Fani Willis (Individually): The court dismissed claims against Willis in her personal capacity, stating that the requests for records were made to the District Attorney's office and not to her personally.
Fulton County's Role: The court denied a motion to dismiss claims against Fulton County, emphasizing that the requests were submitted through Fulton County's public records portal, making the county potentially responsible for responding to those requests.
District Attorney’s Office: The court also ruled that the District Attorney's office itself must remain in the case, recognizing its obligation under the ORA to comply with public records requests.
Fani Willis (Official Capacity): Claims against Willis in her official role as District Attorney were not dismissed, meaning the court rejected arguments that the District Attorney's office is immune from legal responsibility under the Open Records Act.
While Willis was personally cleared from the lawsuit, the case against Fulton County and the District Attorney's office will continue.
Roman initially filed the motion against Willis in January 2024 that accused the district attorney of an improper relationship with a special prosecutor she hired to investigate the case against the former president and his allies.
Timeline: Fulton County DA Fani Willis, Nathan Wade controversy
After several months of drama and a hearing, Judge Scott McAfee ultimately ruled that there was no conflict of interest and the case against Trump and his co-defendants could proceed if either Willis or Wade stepped aside. Wade resigned a few hours later.
However, the defense for Trump and several of his co-defendants were not satisfied with the judge's ruling and have taken it to Georgia's Court of Appeals, who has scheduled to hear oral arguments on Dec. 5. They are still seeking to have Willis removed from the case and to have the case dismissed.
The Georgia Court of Appeals also stayed all proceedings against the former president in the trail court until the manner can be resolved. Even after the court has heard arguments, it will not be required to make a decision until mid-March 2025. This means that Trump will not go on trial in Georgia for possible election interference until well after the election in November.