Fulton County District Attorney Fani Willis has been ordered to pay legal fees after her office was found to have intentionally violated Georgia’s open records laws.
The ruling stems from a case related to Willis’ failed racketeering (RICO) prosecution of President Trump. In October 2024, Fulton County Superior Court Judge Rachel Krause indicated that Willis would lose the case and face financial penalties. On Friday, she made it official.
“The law doesn’t apply to you,” Krause remarked sarcastically during a hearing last year, criticizing a government attorney for the DA’s office.
Attorney Ashleigh Merchant, who represents Trump co-defendant Michael Roman, had sued Willis’ office for withholding public records related to former special prosecutor Nathan Wade’s employment and pay. Wade was forced to resign from the Trump case after revelations of his past romantic relationship with Willis. Merchant also sought records detailing the DA’s use of public funds.
Instead of complying, Willis’ office delayed the requests for months, claiming the law did not apply to them. It was only after a lawsuit was filed and a subpoena was served that the office provided the documents.
In court, Dexter Bond, the DA’s deputy of operations, admitted under oath that he had delayed Merchant’s requests because of who she was, treating her differently from other requesters. That admission did not sit well with the judge.
“Defendants—through the Open Records custodian, Dexter Bond—were openly hostile to counsel for Plaintiff, Ms. Merchant, and testified that Ms. Merchant’s requests were handled differently than other requests,” Krause wrote in her order.
She ruled that Willis and her office had “acted without substantial justification,” calling their actions “intentional, not done in good faith, and substantially groundless and vexatious.”
As a result, the DA’s office must pay Merchant $54,264 in attorneys’ fees and litigation costs. The judge also ordered Willis to turn over three categories of requested documents within 30 days. Failure to comply could result in additional penalties.
