The Biden White House took a major step to help Fulton County Fani Willis move forward with her Trump probe.
A top White House lawyer agreed in September 2022 to waive executive privilege so Willis’ team could have former Trump administration officials and senior advisors testify before a grand jury, according to a letter obtained by Just the News.
Though Willis tried to present herself as impartial, President Donald Trump’s legal team suggested coordination between her office and the Biden administration in a legal filing seeking records related to any interactions. America First Legal filed a lawsuit with Just The News to obtain the records in 2024.
The Biden administration also declined to assert executive privilege, which the current president generally decides to claim, to keep documents away from the Jan. 6 committee in 2021.
“President Biden has determined, as he did with respect to the Congressional investigation of these events, that an assertion of executive privilege is not in the public interest with respect to efforts to thwart the orderly transition of power under our Constitution,” then-special counsel Richard A. Sauber wrote in a Sept. 23, 2022 letter to Willis’ Chief Senior Assistant District Attorney Donald Wakeford.
“This determination covers: events within the White House on or about January 6, 2021; efforts to use the Department of Justice to advance a false narrative that the 2020 election was tainted by widespread fraud; and other similar efforts to alter valid 2020 election results or obstruct the transfer of power,” he continued. “The President believes that the constitutional protections of executive privilege should not be used to shield information that reflects efforts to subvert the Constitution itself.”
Willis’ office did not immediately respond to a request for comment.
A judge officially dismissed Willis’ case against Trump and his co-defendants in November, which centered on allegations of interference with the 2020 election in Georgia. She was disqualified from the case over an “appearance of impropriety” in her romantic relationship with Nathan Wade, who defendants alleged she financially benefited from appointing as special prosecutor.
Willis falsely claimed she paid the same hourly rate to all special prosecutors working on the case, but contracts first reported by the Daily Caller News Foundation showed she paid Wade a higher rate than the state’s top racketeering expert.
Wade twice billed $2,000 for meetings in 2022 with the Biden White House, records included in a defense motion previously revealed. Wade denied remembering the meetings during a transcribed interview in 2024 with the House Judiciary Committee.
Cell phone data included in a filing by Trump’s attorney showed Wade visited Willis’ neighborhood at least 35 times in 2021.
“As many of us argued from the jump, Fani was colluding with the Biden WH, the Biden DOJ, and the J6 Committee,” former Trump DOJ official Jeff Clark, who was one of the defendants, wrote Wednesday on X. “Now the documents have come out providing that to be true. They were withheld from the GA defendants on spurious privilege grounds. A disgrace.”
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