FULTON COUNTY, Ga. — Fulton County Judge Rachel Krause denied a motion to dismiss a lawsuit over open records against Fulton County District Attorney Fani Willis and her office.
Judge Krause also approved a motion to release Willis from the case in her individual capacity, but she will stay on the case in her capacity as district attorney.
The proceedings are related to the Fulton County election interference case, as Ashleigh Merchant, a lawyer for co-defendant Michael Roman, is involved in the case against Former President Donald Trump and his allies. Merchant filed the lawsuit because she claims the office did not provide documents related to her client's case within the given time frame, per the Georgia Open Records Act.
Merchant and her law firm accuse Willis of "hiding documents" related to a media monitoring company, where she allegedly used taxpayer dollars.
The judge also scheduled an evidentiary hearing to determine what documents exist and gather more evidence. Attorneys also intend to subpoena witnesses who might have managed the Open Act request sent to the office.
Merchant and her law firm accuse Willis of "hiding documents" related to a media monitoring company, where she allegedly used taxpayer dollars. Willis is also accused of violating the Georgia Open Records Act for not providing the documents within the given time frame.
Throughout the hearing, the county attorney and the Merchant Law Firm went back and forth with the judge about whether or not Willis or the District Attorney's Office could be sued.
The Fulton County District Attorney's Office previously stated that Merchant and her law firm received all of the documents, but during the hearing, the law firm stated that they are still receiving the documents they requested earlier this year.
11Alive streamed proceedings on YouTube. You can view the full proceedings below.
Merchant upended the election interference case when she filed the motion that revealed a romantic relationship between Willis and her former prosecutor, Nathan Wade, ultimately putting the case in limbo.
The Georgia Court of Appeals allowed Trump's team to appeal the decision to keep Willis on the election interference case. The trial cannot proceed until the court makes its decision. Oral arguments will begin on Dec. 5.
The lawsuit was initially filed in January after Merchant questioned DA Fani Willis about her relationship with former special prosecutor Nathan Wade. The suit claims the DA’s Office failed to provide requested Wade-related documents and other documents related to the case.
The county’s attorney argues it should not be added as a defendant since the open records requests were not directed at the county, but Judge Krause also ruled to keep the county on the lawsuit.
Judge Krause and the lawyers agreed to hold the evidentiary hearing on Sept. 19.
