Fani Willis Ordered to Pay Over $54,000 for Open Records Violations in Trump Case
Fulton County District Attorney Fani Willis has been sanctioned by a Georgia court and ordered to pay more than $54,000 for violating the state’s open records laws. The ruling stems from Willis’s office’s failure to adequately respond to records requests related to the prosecution of former President Donald Trump. The penalty was imposed after the court found that Willis’s office intentionally withheld documents sought by Ashleigh Merchant, the attorney who had previously sought to disqualify Willis from the Trump election interference case.
Superior Court Judge Rachel Krause formalized her ruling Friday, directing Willis to pay $54,264 in attorneys’ fees and litigation costs. The judge’s decision underscores the importance of transparency and adherence to open records laws, even in high-profile and politically charged cases.
Merchant’s initial motion to disqualify Willis centered around concerns that Willis and Nathan Wade, the former special assistant district attorney, had financially benefited from Wade’s appointment as special prosecutor. Wade was ultimately forced to resign from the Trump case due to his romantic relationship with Willis, a relationship that became a point of contention in the disqualification proceedings.
The disputed records pertained to Wade’s employment and compensation as special prosecutor. Merchant argued that these records were essential to understanding the potential financial incentives behind Wade’s involvement in the case and whether those incentives created a conflict of interest for Willis.
Judge Krause found that Willis’s office failed to comply with the open records requests in a timely and complete manner. The court further emphasized that the actions of Dexter Bond, the Open Records custodian for Fulton County, demonstrated a lack of good faith in responding to Merchant’s requests.
Specifically, the court noted that Bond admitted to handling Merchant’s requests differently than other requests. While it was Bond’s normal practice to call requestors to seek additional clarification to help fulfill open records requests, Bond indicated that he refused to communicate with Merchant via telephone.
While Judge Krause acknowledged that the Open Records Act (ORA) does not require Bond to contact a requestor by telephone, she said that Bond’s handling of Merchant’s requests in that manner indicated "a lack of good faith."
In a statement, the court order described the defendants’ actions as "intentional, not done in good faith, and were substantially groundless and vexatious."
The ruling comes as Willis faces increasing scrutiny over her handling of the Trump election interference case. The Georgia Court of Appeals recently disqualified Willis and her team from further involvement in the case, citing the appearance of a conflict of interest stemming from her relationship with Wade.
The Fulton County District Attorney’s Office now has 30 days from the court order to pay the $54,264 penalty. In addition to the monetary sanction, the plaintiff, Ashleigh Merchant, also received injunctive relief from the court, directing Willis to finally provide the requested documents.
Merchant responded to the ruling in a post on X, stating, "I’m proud that we have judges willing to hold people in power accountable when they ignore the law!!!!"
Fox News Digital reached out to Merchant and Willis’ office for additional statements but did not immediately receive a response.
The open records dispute and the disqualification proceedings have cast a shadow over the Trump election interference case, raising questions about the fairness and impartiality of the prosecution. The legal battles have also delayed the case, making it unlikely that Trump will face trial in Georgia before the November election.
The open records ruling reinforces the importance of government transparency and accountability. Open records laws are designed to ensure that the public has access to information about government activities, allowing citizens to hold public officials accountable for their actions.
In cases where government officials fail to comply with open records requests, courts have the authority to impose sanctions, including fines and orders to release the requested documents. These sanctions serve as a deterrent against future violations and help to protect the public’s right to know.
The Willis case serves as a reminder that even in high-profile and politically sensitive matters, government officials must adhere to the law and provide access to public records. Failure to do so can have significant consequences, both in terms of monetary penalties and damage to public trust.
The resolution of the open records dispute and the appeal of the disqualification ruling will likely have a significant impact on the future of the Trump election interference case in Georgia. The legal battles could potentially lead to further delays or even the dismissal of the charges against Trump and his co-defendants.
