Biden Administration Sent 2 Letters to Fani Willis’ Office, Fulton County Prosecutor Confirms

Disclosure came during a hearing for Jeffrey Clark, a defendant in an election racketeering case

Fulton County District Attorney Fani Willis speaks during a news conference at the Fulton County Government building in Atlanta, on Aug. 14, 2023. Joe Raedle/Getty Images

Fulton County District Attorney Fani Willis’ office confirmed that it communicated with White House officials on two separate occasions for procedural purposes.

During Thursday’s hearing, Fulton County Superior Court Judge Scott McAfee, addressing Alex Bernick, a prosecutor from her office, was asked: “Is there something that’s actually in writing that shows communication between the office and the White House counsel?”

“We did get a letter from the White House Counsel’s office … about logistics and procedures, as I stated before,” Mr. Bernick replied.

“You’re saying that the sole written communication … solely consists of one written letter?” the judge then asked.

“One written letter … well there were two written letters about procedures, about how we interview … former or current White House officials,” the prosecutor said, according to a transcript. “It wasn’t about obtaining any type of evidence,” Mr. Bernick added.

“The issue would be that a selective prosecution claim can be brought pre-trial if they think that there are grounds,” the judge said in response.

The comments and disclosure came during a hearing for Jeffrey Clark, a defendant in the sweeping election racketeering case that has ensnared former President Donald Trump, Rudy Giuliani, and their allies. Harry MacDougald, an attorney representing Mr. Clark, a former Trump Department of Justice official, is seeking access to communications between the White House counsel and Fulton County prosecutors.

‘Political Purpose’

The lawyer argued that the election interference case against Mr. Clark and President Trump was meant to serve a “political purpose” and wanted access to those documents because the Biden administration has its “fingerprints on all four” prosecutions against the former president.

Later in the hearing, Judge McAfee said he wanted to review the relevant communications between Fulton County prosecutors and the White House before rendering a decision.

“Why don’t we start there?” he said. “After I’ve had a chance to review, I'll make the findings … in a written order.”

Reports earlier this month indicated that a special prosecutor appointed in the Trump case, Nathan Wade, had invoices submitted to the Fulton County District Attorney’s office that revealed he asked for reimbursement for at least two meetings with the White House counsel’s office while he was involved in the election interference case. Those meetings occurred in 2022 after he was named as a special prosecutor by Ms. Willis.

The reports sparked a demand from House Judiciary chairman Jim Jordan (R-Ohio), who sought documents and communications from Mr. Wade for what he termed “politically motivated investigations and the potential misuse of federal funds.” Neither Mr. Wade, Ms. Willis, nor the White House have publicly commented on the alleged meetings.

It came after another defendant in the case, Michael Roman, submitted a motion earlier this month that accused Mr. Wade and Ms. Willis of having engaged in an “improper” and “clandestine” romantic relationship and that they used Fulton County taxpayer funds to pay for lavish vacations after he was named as a special prosecutor. While Mr. Roman provided few details and evidence, his attorney Ashleigh Merchant told local media that she has witnesses who are willing to testify in the case.

Jeffrey Clark, former acting assistant attorney general, testifies during a January 6th field hearing held by Rep Matt Gaetz (R-Fla.) at the U.S. Capitol, on June 13, 2023. Michael A. McCoy/Getty Images

Jeff DiSantis, a spokesman for the Fulton County District Attorney’s office, responded to the allegations made by Mr. Roman’s attorney. He told a local media outlet that he had never heard of Ms. Willis and Mr. Roman engaging in a relationship. He also disputed Ms. Merchant’s claim that it was common knowledge in the office that the pair were together.

During a public appearance days after the Roman motion was filed, Ms. Wade suggested that the complaint was motivated by racial animus, attributing it to her being a black woman. “First thing they say, ‘Oh, she gonna play the race card now,’” she said at a church event in mid-January. “But no, God, isn’t it them who’s playing the race card when they only question one?”

However, the racism claims led to a court motion from President Trump himself. His lawyers argued on Thursday that she should step down from the case due to making “provocative and inflammatory extrajudicial racial comments.” They also joined Mr. Roman’s motion, which alleged that she was in a relationship with her special prosecutor.

This development follows a complaint filed by Just the News with the Georgia Attorney General’s office, claiming that the district attorney’s office failed to meet a deadline for responding to an Open Records Act inquiry. The news outlet said that it is seeking the same documents and records Mr. Clark is attempting to obtain, which pertain to the White House meetings and communications.