Judge Smacked Down Fani Willis
Fulton County Judge Rachel Krause ruled against a request to dismiss a lawsuit concerning open records directed at Fulton County District Attorney Fani Willis and her office. Judge Krause also granted a motion exempting Willis from facing the lawsuit as an individual, although she will continue to be involved in her official role as district attorney.
The lawsuit stems from the Fulton County election interference investigation involving Ashleigh Merchant, who represents co-defendant Michael Roman in the case against Former President Donald Trump and his associates. Merchant filed the legal action alleging that the district attorney’s office failed to deliver documents on time as required under the Georgia Open Records Act.
Further complicating matters, Merchant accused District Attorney Willis of concealing records linked to a media monitoring firm purportedly financed with taxpayer money. In response, Judge Krause set an evidentiary hearing to ascertain the existence and scope of the requested documents according to 11Alive. Additionally, attorneys plan to subpoena individuals who handled the open records requests to Willis’s office, aiming to compile more substantial evidence.
“The judge clearly agreed with the defense that the actions of Willis are a result of her poor judgment,” Merchant said earlier in the year.
In March, Judge Scott McAfee allowed Willis to remain on the case but criticized her judgment and mandated that either she or Nathan Wade, the lead prosecutor and Willis’ romantic lover, must step down. The decision came after defense attorneys argued for a conflict of interest, which the judge determined was not proven but had a significant appearance of one.
In early January, the Trump case was thrown into disarray when Merchant disclosed the personal relationship between the prosecutors in a court filing. The revelation prompted a series of hearings where the prosecutors were compelled to testify, facing intense scrutiny regarding their relationship and financial dealings. The case is currently stalled.
Merchant, who was aware of Wade’s relationship and friendships, leveraged this knowledge by calling Terrence Bradley, Wade’s former partner and divorce lawyer, to testify. Despite Bradley’s evident reluctance on the stand, the text messages exchanged between Merchant and Bradley, which discussed the prosecutors’ romantic involvement, became pivotal in the effort to disqualify the prosecutors from the case.
Willis was elected as the Fulton County District Attorney in 2020 by defeating Paul Howard Jr., a six-term incumbent. In office, she gained recognition for applying Georgia’s RICO statute beyond traditional mob cases, and has notably used it to charge former President Trump and 18 others as of 2023.
In 2022, a whistleblower allegation surfaced in her office, claiming a wrongful termination related to the mishandling of federal grant money. Willis defended the termination and the use of around $500,000 in grant funds. Willis also initiated the high-profile criminal investigation in 2021 into Trump’s attempts to alter the outcome of Georgia’s 2020 presidential election results. This expanded to include charges against fake electors and other Republican officials. The trial is on hold until the appeals court reaches a decision. Oral arguments are set to commence on December 5.
