So this just happened:
Here's how we got here:
Judicial Watch submitted a request in 2023 for communications between Willis, who is prosecuting Trump in Georgia on RICO charges (and took the famous mugshot photo), and Smith, who recently dropped his lawsuit against Trump related to election interference.
Communication between the two would provide grounds for an argument that there was coordinated (and illegal) effort to take out the leading Republican presidential nominee and chief rival of the current Democratic administration.
Most people were too busy with the news that Fani Willis was sleeping with the guy she appointed to prosecute Trump to notice who she might have been messaging, but in June, the House Judiciary Committee asked Biden's U.S. Attorney General Merrick Garland about the existence of such communications.
He refused to answer, of course.
Judicial Watch says it was told that Willis' office did "not have the responsive records" and was not provided any other clarification, charging that this was a violation of Georgia's Open Records Act.
It subsequently filed suit against Willis' office in March 2024, arguing that it was highly unlikely that there were no communications between Willis and Smith (or the January 6 Committee), considering Willis had requested financial aid from the J6 Committee Chairman Bennie Thompson in 2021 and "offered to travel to DC." House Judiciary Committee Chairman Jim Jordan even wrote a letter to Willis asking her to explain this.
On Tuesday, a judge ruled that Willis' office is in "default," which means she has not provided the necessary information (or evidence of the lack of information) that she is required to provide under the Open Records Act.
[Willis] never moved to open default on any basis (not even during the period when she could have opened default as a matter of right), she never paid costs, and she never offered up a meritorious defense.
She is now on the hook for Judicial Watch's legal fees, and possibly the violation of the law, unless she can provide satisfactory documentation quickly.
By finding Defendant in default, the Court has in effect declared that she has violated the [Open Records Act]. The Court also hereby ORDERS Defendant to conduct a diligent search of her records for responsive materials within five business days of the entry of this Order. Within that same five day period, Defendant is ORDERED to provide Plaintiff with copies of all responsive records that are not legally exempted or excepted from disclosure.
Tom Fitton of Judicial Watch had this to say:
If you used all this extra time to shred the documents, Fani, you better hope no one rats you out!
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