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By Jenna Sundel
News Reporter
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The Department of Justice has been ordered to provide information on communications between former special counsel Jack Smith and Fulton County District Attorney Fani Willis about the prosecution of Donald Trump.
The January 28 ruling is the latest development in a lawsuit against the Department of Justice filed by Judicial Watch in 2023.
Why It Matters
Willis led an investigation into allegations that Trump attempted to overturn the 2020 presidential election results in Georgia after losing the state to Joe Biden. The inquiry resulted in indictments against Trump and 18 alleged coconspirators on charges of racketeering and other crimes.
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Smith was appointed to oversee two criminal investigations into Trump. One focused on Trump's role in the January 6, 2021, riot at the U.S. Capitol, and another looked into alleged mishandling of classified documents after leaving the White House. Both investigations resulted in indictments, but the cases were later dismissed.
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What To Know
Judicial Watch filed the lawsuit after the Department of Justice allegedly failed to comply with a Freedom of Information Act (FOIA) request. The conservative activist group asked for records related to the Fulton County District Attorney's Office's "requesting or receiving federal funds or other federal assistance" related to the investigation of Trump and other alleged coconspirators.
The DOJ did not confirm or deny the existence of the records and said their release would interfere with "enforcement proceedings." The department has not changed its position, even though the cases against Trump have been closed.
Judge Dabney L. Friedrich of the U.S. District Court for the District of Columbia ruled that since the cases have been closed, the DOJ's arguments no longer applied.
What Is Judicial Watch?
Judicial Watch is a conservative group that says it "promotes transparency, accountability and integrity in government, politics and the law," according to its website. It is known for filing frequent FOIA lawsuits.
What Is The Freedom of Information Act?
The FOIA requires government agencies to fully or partially disclose previously unreleased or uncirculated information and documents upon request. The Act was intended to make government activity more transparent to the public.
How Many Federal Cases Have There Been Against Donald Trump?
Trump has been criminally indicted twice at the federal level and twice at the state level. In addition to the cases led by Willis and Smith, Trump was indicted in New York on state charges.
In May 2024, Trump was convicted on 34 counts of falsifying business records. The case centered on hush money payments Trump made to former adult film actor Stormy Daniels in the leadup to the 2016 presidential election. Daniels alleged she had a 2006 sexual encounter with Trump, a claim he denied along with all charges.
Trump received an unconditional discharge in January, meaning he would not face fines, prison time, or other penalties.
What People Are Saying
Tom Fitton, president of Judicial Watch, in a statement: "President Trump truly needs to overhaul the Justice Department from top to bottom. It is a scandal that a federal court had to order the Justice Department to admit the truth that their objections to producing records about collusion with Fani Willis had no basis in reality,"
What Happens Next
The Department of Justice was directed to process Judicial Watch's FOIA request. The parties were also ordered to meet on or before February 21 and report the discussion status to the court.
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