In a pivotal Tuesday morning, June 25, hearing linked to the Georgia election interference and racketeering (RICO) case involving former President Donald Trump and others, a judge has granted the defendants a chance to revise their legal strategy against Fulton County District Attorney Fani Willis.
Attorney Ashleigh Merchant, representing former Trump 2020 staffer Michael Roman, initiated a lawsuit earlier this year.
The suit alleged violations of the Georgia Open Records Act by the Fulton County District Attorney’s Office, specifically related to records concerning Nathan Wade, a former special assistant district attorney involved in the RICO prosecution.
Wade resigned amidst controversy over his past relationship with DA Willis, prompting judicial intervention.
During the hearing, the DA’s office argued that the plaintiffs had erroneously named the wrong entity in their lawsuit and contended that the requested records had either been provided or did not exist.
They further asserted that Fulton County itself should not be added as a defendant, as it is not the custodian of records for the DA’s office.
Judge Rachel of Fulton County Superior Court acknowledged the technical distinction raised by the defense. “The Fulton County District Attorney’s Office is not a formal entity,” the court clarified. “It’s not an incorporated entity. It’s just a name.”
John Merchant, representing his law firm alongside Ashleigh Merchant, expressed willingness to amend the complaint to rectify the naming issue.
“If this is merely a matter of nomenclature,” he stated, “we are prepared to amend the complaint to correctly name the district attorney individually and in her official capacity.”
The contentious nature of the lawsuit was underscored by Sandy Monroe, representing the DA’s office, who characterized it as an abuse of litigation aimed at harassing the office and combing through business records.
In response, Judge Rachel refrained from immediately ruling on the motions to dismiss. Instead, she granted the plaintiffs 20 days to amend their complaint and name the appropriate defendant.
Subsequently, the defendants — Fulton County, the DA’s office, and DA Fani Willis — will have an additional 20 days to respond accordingly.
The case continues to unfold amidst broader efforts by the defendants to challenge the indictment and the role of DA Fani Willis in the appellate court, highlighting ongoing legal battles at the intersection of politics and judicial oversight in Georgia.
This development marks a critical juncture in the complex legal proceedings surrounding allegations of election interference and racketeering, with implications reaching far beyond the courtroom.
