Tipsheet

Did Fani Willis Conspire With Biden's White House? We May Find Out Soon.

Mia Cathell
Mia Cathell  |  January 25, 2024 6:50 AM

The judge presiding over former President Donald Trump's "election conspiracy" case in Georgia has scheduled a hearing for Thursday to consider a request for discovery from one of Trump's alleged "co-conspirators," who is seeking access to any records that potentially catch Fulton County prosecutors conspiring with President Joe Biden's White House.

Fulton County Superior Court Judge Scott McAfee issued a one-page order on January 17 summoning attorneys for ex-Trump DOJ official Jeffrey B. Clark and Fulton County District Attorney Fani Willis to appear in his Atlanta courtroom at 2 p.m. Thursday.

Clark's motion to compel—dated January 12—asked the court to order Willis to turn over any evidence documenting any contact she may have had, citing travel receipts billing the Democrat D.A.'s office a total of $4,000 for two eight-hour meetings (costing $2,000 each) with White House officials. One was a late May 2022 conference in Athens and the other a D.C. "interview" in mid-November of 2022. Both financial statements were filed away under the project title: "Anti-Corruption Special Prosecutor."

In the court filing, Clark's lawyers said they had previously written to Willis back on December 12, 2023, requesting "copies of all communications" with any agency or office of the federal government pertaining to Trump's prosecution or prior investigation.

When Willis didn't answer, Clark's attorneys sent a follow-up letter on January 9, adding to the inquiry. The defense team additionally asked for receipts of correspondence with the White House counsel's office, including individuals referenced on invoices from the law firm of lead prosecutor and Willis' alleged lover Nathan Wade showing an entry for May 23, 2022, titled "Travel to Athens: Conf with White House Counsel," and an entry for November 18, 2022, titled "Interview with DC/White House."

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The paper trail was unearthed in Trump co-defendant Michael Roman's bombshell motion to disqualify the D.A. where he accused Willis of having an "improper" and "clandestine" affair with Wade at the time she had hired him to prosecute Trump.

Both meet-ups happened well before Trump's August 2023 indictment by a Georgia grand jury, but after Willis had asked the court in January 2022 to impanel a special-purpose grand jury to assist in her investigation of 2020 "election interference."

"In your response, please identify all persons present or participating in the referenced conference and interview, and all documents or information provided or received by your office in such meetings," Clark's legal counsel prompted Willis.

Then, on January 10, Executive District Attorney Daysha Young responded on behalf of Willis and declined to provide the requested material, claiming that the state has fully complied with all of its statutory discovery-and-disclosure obligations.

The proof of contact "may be material to the outcome of the case or helpful to the defense, if it supports an argument that the prosecution of this case is tainted with partisan political objectives coordinated with, suggested or directed by the White House," Clark's lawyers contended in their motion to compel production of documentation. "The political benefit of this prosecution to President Biden and his political party are obvious and a current fact of political life," the Trump co-defendant's attorneys added.

"All defendants should know the nature of the State’s communications with the White House Counsel’s Office to assess whether they can mount a defense based on selective or political prosecution in violation of their rights to due process and the equal protection of the laws," Clark's counsel continued, concluding: "There is a plausible basis for suspicion on that score, and therefore sufficient justification to require production of the requested information that might support a defense motion."

Another invoice from the "Law Offices of Nathan J. Wade" shows that he also met with the Democrat-led House Select January 6 Committee in the spring of 2022. Wade's crew traveled to Washington and documented the April 18, 2022, to April 21, 2022, in-person conference as "Team meeting; Conf w/Jan 6; Research legal issues to prep interv" for 24 hours of work totaling $6,000.

Wade labeled a separate $2,000 invoice statement "Team meeting: Conf w/Jan 6; SPGJ witness prep" for an eight-hour conference on May 31, 2022. And there was a third day-long January 6 meeting charged at $250/hour on November 16, 2022.

J6 committee staff reportedly gave Willis an "early boost," helping "guide" the infantile days of the Georgia Trump probe. The extent of the panel's assistance included helping Fulton County prosecutors prep for interviews with star witnesses and discussing topics that were "later featured prominently" in the indictment against Trump and his associates (via Politico):

Committee staff quietly met with lawyers and agents working for Fulton County District Attorney Fani Willis in mid-April 2022, just as she prepared to convene a special grand jury investigation. In the previously unreported meeting, the Jan. 6 committee aides let the district attorney’s team review — but not keep — a limited set of evidence they had gathered.

Over the next few months, committee staff also had a series of phone calls with Willis’ team. They answered the prosecutors’ questions and shared insight on matters like Trump’s false electors gambit and his efforts to pressure Georgia Secretary of State Brad Raffensperger. Both of those ploys ultimately featured prominently in the criminal charges that Willis brought against Trump and his allies last summer.

The contacts between the [January 6] committee and Willis’ team also helped [Fulton County] prosecutors prepare for interviews with key witnesses.

The content of the meetings and calls was described by two former committee officials familiar with the outreach, who were granted anonymity to speak candidly about the contacts. The timing was corroborated by exhibits attached to new court filings in Willis’ ongoing prosecution of Trump and 14 co-defendants for their efforts to overturn the 2020 election.

[...]

The two former committee officials confirmed to POLITICO that Willis’ team met with committee staff in Washington in April 2022. Some of Willis’ top prosecutors attended, including Wade and Donald Wakeford, as well as investigators on her team.

The prosecutors had made headway, one former official said, but the panel had done more work than they had on some topics.

On December 17, 2021, Willis wrote a letter to J6 committee chairman Rep. Bennie Thompson (D-MS) officially asking for help with her Trump probe and suggesting that they convene, noting that they're able to trek to the nation's capital at the committee's convenience. "It may well be most efficient for your staff and effective for our understanding of my staff and me to meet with your investigators in person. We are able to travel to Washington..." Willis wrote in the memo, requesting access to congressional records, such as recordings, transcripts of witness interviews and depositions, communications, and travel documents.

The J6 committee's collaboration "helped jumpstart a criminal case that would ultimately imperil Trump," Politico assessed.

House Republicans recently called on Willis to disclose her crew's contacts with the J6 committee. Willis refused, claiming the request "violates well-established principles of federalism and separation of powers." She told House Judiciary Committee chairman Rep. Jim Jordan (R-OH): "You cannot—and will not—be provided access to any non-public information about this."