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Fani Willis is forced to pay Trump co-defendant’s lawyer after verdict
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Fani Willis is forced to pay Trump co-defendant’s lawyer after verdict

A Georgia Supreme Court ruling on Tuesday meant a lawyer representing one of former President Donald Trump’s co-defendants in his election interference case could force Fulton County District Attorney Fani Willis to hand over documents and money.

The opinion, outlined in a separate case, supported a lower court’s ruling Monday in favor of the Merchant Law Firm, which said Willis’ office violated the Open Records Act (ORA).

Ashleigh Merchant, who represents former Trump official Michael Roman, said the firm has failed to provide documents related to her client despite about two dozen outstanding requests over the past year.

“She is the elected prosecutor. It is her office. I think every government agency has a duty to respond to open records requests. I think when you have an elected official, they are the ones who are held accountable by the public. those who set policy,” Merchant said during Monday’s hearing.

Fani Willis Ashleigh Merchant of Fulton County
Left: Attorney Ashleigh Merchant, attorney for Donald Trump’s co-defendant Michael Roman, on February 16, 2024 in Atlanta, Georgia. Right: Fulton County District Attorney Fani Willis on March 1, 2024 in Atlanta, Georgia. Middle: Trump campaign…


Alyssa Pointer-Pool/Alex Slitz-Pool/Fulton County Sheriff’s Office via Getty Images

Judge Rachel Krause ruled in Merchant’s favor and indicated that Willis’ office could owe her attorney fees, although the amount was not specified.

Willis’ office had argued it could not be prosecuted under the law because it worked within the state’s constitution.

Then, in an unrelated case, Merchant’s arguments were accepted by the state Supreme Court on Tuesday. It ruled that prosecutors can be prosecuted under the Open Records Act because the action is against the office as a whole and not the prosecutors themselves.

The Georgian Constitution says all public records must be available to everyone unless they are “specifically exempt from disclosure,” while also protecting data relating to individual judicial officers – which Willis’ counsel claimed they were.

However, Tuesday’s ruling regarding prosecutor Deborah Gonzalez said the ORA overruled this, meaning claims could be brought against individual prosecutors.

Willis is pursuing a case against Trump and several alleged co-conspirators over their scheme to overturn the results of the 2020 presidential election.

While some defendants have pleaded guilty, other cases are pending, including one against the former president. The likelihood of a trial before the end of the year is unlikely.

Roman began working for Trump during the 2016 election campaign and was the co-defendant who exposed the “personal relationship” between Willis and Special Counsel Nathan Wade in a way that threatened the viability of the election interference case.

Newsweek Contact the Merchant law firm and Willis’ office via email Tuesday afternoon for further comment.