After previously refusing to provide information to the court, the Fulton County District Attorney’s office admitted during a hearing on Thursday that the Biden White House did communicate with it as it built its case to prosecute Donald Trump.
Fulton County Superior Court Judge Scott McAfee indicated during the hearing that he’s open to allowing Trump “co-conspirator” Jeffrey B. Clark access to records that could potentially reveal collusion between Fulton County prosecutors and the Biden White House.
Inside the courtroom, Harry MacDougald, an attorney for former Department of Justice official Jeff Clark, argued a motion seeking to obtain correspondence between Willis’ office and the Department of Justice as well as President Joe Biden’s White House.
“As indicated I’ll take a second pass as to how these two issues fit into Brady,” Fulton County Superior Court Judge Scott McAfee said, referring to the law that requires the government to disclose potentially exculpatory material in its possession. “And on the second issue we’ll start with an in camera review,” McAfee continued, indicating he wanted to review that correspondence in his chambers with the attorneys, adding “if you can have that to me, if you can compile it, and I will review it, and I will issue an order accordingly.”
During the arguments, Fulton County prosecutor Alex Bernick disclosed that there were previously undisclosed written communications between the White House and DA’s office related to the logistics of calling federal officials to testify, which for the Department of Justice is referred to as Touhy clearance.
“We did get a letter from the White House counsel’s office, your honor,” Bernick said. “It was about logistics and procedures… two written letters, your honor, about procedures, about how we interviewed, whether those Touhy type process with former or current White House officials.”
Bernick's admission is the first time we've had confirmation of communication between the Biden White House and a prosecutor in the Trump case — which was previously denied. MacDougald believes that unsealing all communications may uncover evidence of politically motivated selective prosecution and that the Biden White House inappropriately coordinated with the prosecution of Biden's 2024 political rival.
“Those communications with the White House are relevant to a selective prosecution or a due process defense,” MacDougald said. “We cannot find any other cases where a lawyer or anybody else was prosecuted for a draft letter that was never sent. I haven’t found any cases in Georgia or anywhere else out there.”
In the court filing, Clark's legal team explained that it had previously requested relevant materials from prosecutor Fani Willis' office, but that request was denied as the office claimed it had “fully complied with all of its statutory discovery and disclosure obligations."
Clark's attorneys, however, argued that such information could be crucial to the case's outcome or beneficial to the defense.
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In addition to the alleged collusion with the Biden White House, there is also evidence that the Fulton County District Attorney's Office coordinated with the partisan January 6 Committee. In December, House Judiciary Chairman Jim Jordan revealed the existence of a letter dated Dec. 17, 2021, from Willis to Rep. Bennie Thompson (D-Miss.) requesting access to congressional records and offering to have her and her staff travel to Washington, D.C., to "meet with investigators in person."
According to an invoice from the Law Offices of Nathan J. Wade, he met with members of the partisan J6 Committee in the spring of 2022. Wade is alleged to have had an affair with Fani Willis, who hired him and paid him more than other attorneys, despite his lack of experience with RICO cases. Bank records indicate that the pair likely misused funds by traveling together to San Francisco, Miami, and Aruba, with tickets purchased under her name.
Willis has also refused requests from House Republicans to disclose her and her crew’s contacts with the partisan J6 Committee.
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