By: Jonathan Turley | December 4, 2024
Read more at https://jonathanturley.org/2024/12/04/its-not-my-fault-its-the-default-fani-willis-loses-significant-records-fight/
Fulton County District Attorney Fani Willis and her case against President-elect Donald Trump continue to trip wires in the courts with delays and losses. The latest is a fight with the organization Judicial Watch, which won a major records fight to gain access to any communications with Special Counsel Jack Smith and the House January 6th Committee. While it is not clear what records exist, it is the type of demand that most offices fight vigorously to protect their confidentiality and privileges of deliberation. Willis, however, lost by default after failing to make a substantive argument against the claim.
The Judicial Watch lawsuit was based on the Open Records Act (ORA), and Willis had defenses to make, but she failed to make them. Fulton County Superior Court Judge Robert McBurney ordered Fulton County District Attorney Fani Willis to hand over records within five business days. McBurney found that Willis violated Georgia’s Open Records Act by failing to respond to Judicial Watch’s lawsuit.
He wrote that Willis did not make any “meritorious defense” and that “Plaintiff is thus entitled to judgment by default as if every item and paragraph of the complaint were supported by proper and sufficient evidence.”
The case against Trump is on appeal after the court decided not to disqualify Willis from prosecuting the case.
Willis will also now have to pay Judicial Watch’s attorney’s fees. The hearing on the fees will appropriately come just before Christmas for Judicial Watch on Dec. 20, 2024. That will add to the towering costs for the people of Atlanta in funding this high-profile adventure.
Of course, she can insist “it is not my fault, it’s the default.”
Here is the order: Judicial Watch v. Willis
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