Fulton County DA Fani Willi’s deputy, F. Donald Wakeford, was caught in an email colluding with the Biden administration. The exchange was between Wakeford and Biden’s special council, Richard Sauber. They were exchanging notes on how to best use lawfare to assault their shared enemy, Donald Trump.
Fulton County District Attorney Fani Willis worked closely with the Biden White House, the Justice Department and Democrats on the House Jan. 6 committee as she built her now-collapsed racketeering case against President Donald Trump, according to internal communications obtained by Just the News.
The records, released after a legal fight under Georgia’s Open Records Law, show coordination that went well beyond routine contact between agencies. They also reveal that President Joe Biden’s White House took the unusual step of clearing the path for Willis’ prosecutors to question former Trump officials by waiving executive privilege.
In a September 2022 letter to Willis’ deputy, F. Donald Wakeford, Biden’s special counsel, Richard Sauber, said the administration would not assert executive privilege over testimony related to Jan. 6 or efforts to challenge the 2020 election results.
“These events threatened not only the safety of Congress and others present at the Capitol, but also the principles of democracy enshrined in our history and our Constitution,” Sauber wrote.
“In light of these unique circumstances, 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,” he added.
The waiver applied to discussions inside the Trump White House around Jan. 6, Justice Department reviews of alleged election fraud and any effort to “alter valid 2020 election results or obstruct the transfer of power,” the letter stated.
The documents also show Fulton County prosecutors reaching out to federal officials through formal “Touhy requests” to secure testimony from former Acting Attorney General Jeffrey Rosen, former Acting Deputy Attorney General Richard Donoghue and former Assistant Attorney General Steven Engel.
In one March 2022 email, Wakeford told an assistant U.S. attorney that his office anticipated additional requests and wanted to coordinate the process. By May, the Justice Department responded that some of the information sought was already public because Rosen, Donoghue and Engel had testified before Congress. As a “courtesy,” the department attached congressional transcripts to assist the Georgia investigation.
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At the same time, Willis’ office was communicating directly with Democrats on the Jan. 6 Select Committee. In one message to Chairman Bennie Thompson’s team, prosecutors wrote that they were “currently engaged in an ongoing investigation” and requested a meeting. Committee staff later offered to provide “an oral summary of what certain witnesses have told the committee in interviews and depositions” and to share documents in Washington.
In December 2022, Wakeford wrote to Tim Heaphy, the committee’s chief investigative counsel, praising its work.
“Our initial review of the report confirms you all have accomplished amazing things in the past year,” Wakeford wrote.
The records were obtained after Just the News and America First Legal sued Willis’ office. Initially, Willis sought to withhold many of the communications under claims of privilege. This week, her office dropped those claims and released the documents without redactions.
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“These documents reveal that the Biden Administration and the January 6 Committee were much more involved in District Attorney Fani Willis’s prosecution of President Trump than was previously believed. AFL was happy to represent Just the News to get Americans this new information,” said Will Scolinos, an attorney at America First Legal.
Willis indicted Trump and 18 others in August 2023, accusing them of conspiring to overturn Georgia’s 2020 election results. The case was later derailed. A Georgia appeals court found that Willis’ conduct created an appearance of impropriety and removed her from the prosecution. The indictment was ultimately dismissed after Trump returned to the White House, with a prosecutor acknowledging there was “no realistic prospect” of forcing a sitting president to stand trial.
Trump attorney Steve Sadow said the appellate court concluded that “Willis’ misconduct created an ‘odor of mendacity’ and an appearance of impropriety that could only be cured by the disqualification of her and her entire office.”
“As the court rightfully noted, only the remedy of disqualification will suffice to restore public confidence. This decision puts an end to a politically motivated persecution of the next President of the United States.”
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