After the verdict, Fani Willis has to pay the lawyer of Trump’s co-defendant

A Georgia Supreme Court ruling 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 turn over documents and money.

The opinion, outlined in a separate case, bolstered a lower court judge’s ruling Monday in favor of the Merchant law firm, saying Willis’ office violated the Open Records Act (ORA).

Ashleigh Merchant, who represents former Trump official Michael Roman, said the office has failed to provide documents related to her client despite receiving about 20 open records requests over the past year.

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

Judge Rachel Krause ruled in Merchant’s favor, pointing out that Willis’ firm may owe legal fees, although the amount was not specified.

Willis’ office had argued that it could not be sued under the law because it was relying on the state constitution.

Then on Tuesday, Merchant’s arguments were upheld by the state Supreme Court in an unrelated case. It was ruled that district attorneys can be sued under the Open Records Act because the lawsuit is against the office as a whole and not the district attorneys themselves.

Georgia’s constitution states that all public records should be accessible to all unless they are “specifically exempt from disclosure.” At the same time, it also protects those associated with individual justice officials – as Willis’ attorney claimed.

However, Tuesday’s decision regarding District Attorney Deborah Gonzalez said the ORA overruled that, meaning claims could be brought against individual district attorneys.

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

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

Roman began working for Trump during the 2016 campaign and was the co-defendant who exposed the “personal relationship” between Willis and special prosecutor Nathan Wade, which threatened the viability of the election interference case.

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