Atlanta, Georgia

A Coordinated Campaign, Not a Lone Prosecution

Newly released internal memos are pulling back the curtain on what many Americans long suspected: the prosecution of President Donald Trump in Georgia was not an isolated state action, but part of a coordinated effort involving the Biden White House, the Department of Justice, and House Democrats on the Jan. 6 Committee.

More than 8,000 pages of documents, obtained through open records litigation by Just the News and America First Legal, show Fulton County District Attorney Fani Willis working in close alignment with federal officials and congressional Democrats while building her racketeering case against Trump and his allies over challenges to Georgia’s 2020 election results.

The revelations raise serious constitutional concerns about the erosion of executive privilege, the politicization of prosecutorial power, and the integrity of America’s justice system.

The Executive Privilege Waiver That Changed Everything

At the center of the newly uncovered documents is a September 2022 letter from Biden White House Special Counsel Richard Sauber informing Willis’ office that President Joe Biden would not assert executive privilege over testimony from former Trump White House officials before a Georgia grand jury.

Executive privilege is a long-recognized constitutional doctrine allowing presidents to protect confidential communications within the executive branch. Chief Justice John Marshall referenced its foundations in Marbury v. Madison, and both Republican and Democratic administrations have historically defended it, including the Obama administration during the Fast and Furious investigation.

Yet in this instance, Biden determined that the “extraordinary events” surrounding January 6 justified setting aside that protection. The waiver extended beyond the congressional investigation and federal prosecution led by Special Counsel Jack Smith. The memos indicate that the White House opened the door for a state-level prosecution to compel testimony that otherwise could have been shielded.

This was not a minor procedural decision. It was a significant constitutional move that allowed a local prosecutor to reach into the inner workings of a previous administration.

Direct Coordination With the DOJ and Jan. 6 Committee

The documents reveal extensive communication between Willis’ office and the Department of Justice. Fulton County prosecutors submitted multiple “Touhy requests” seeking permission to interview former Trump DOJ officials, including Jeffrey Rosen, Richard Donoghue, and Steven Engel.

While initially deemed premature by federal officials, the DOJ provided congressional transcripts as a “courtesy” to assist the state investigation. That courtesy raises eyebrows. It suggests that federal resources and prior congressional testimony were leveraged to bolster a state prosecution targeting a former president.

Even more striking are emails showing outreach to members and staff of the Democrat-led Jan. 6 Select Committee, including Chairman Bennie Thompson. Committee counsel offered oral summaries of witness testimony and in-camera access to documents. Fulton County prosecutors traveled to Washington to meet with committee staff.

One internal email from a top deputy in Willis’ office praised the committee’s work, writing: “Our initial review of the report confirms you all have accomplished amazing things in the past year.”

That tone does not reflect distance or neutrality. It reflects partnership.

The Nathan Wade Meeting and Questions of Transparency

The documents also confirm that Nathan Wade, Willis’ outside special prosecutor who later admitted to a personal relationship with her, billed Fulton County $2,000 for an “interview with DC/White House” in November 2022.

No records of what occurred during that meeting were preserved.

At a minimum, the lack of documentation raises concerns about transparency. At worst, it suggests that discussions between a state prosecutor and the White House occurred without proper recordkeeping while an investigation into the president’s political rival was underway.

In any other era, Americans would be alarmed by the optics alone.

The Indictment, Removal, and Collapse of the Case

In August 2023, Willis announced sweeping racketeering charges against Trump and 18 co-defendants, including Rudy Giuliani and Mark Meadows. Georgia became the first state to indict a former president over alleged election interference, shortly after Jack Smith filed similar federal charges.

Trump’s legal team argued that the prosecution was politically motivated and part of a broader strategy to drain resources and damage his 2024 campaign. Over time, the case began to unravel.

The Georgia Court of Appeals ultimately held that Willis’ misconduct created an “odor of mendacity” and an appearance of impropriety requiring her disqualification. After Trump’s election victory and return to the White House, the remaining charges were dismissed. Prosecutors conceded there was no realistic prospect of compelling a sitting president to stand trial.

What began as a historic prosecution ended in disqualification, dismissal, and public questions about the integrity of the process.

What This Means for the Constitution

The core issue is not whether one supports or opposes Donald Trump. The deeper concern is whether federal power was used to assist a state prosecutor in targeting a political opponent.

The Constitution was designed to prevent exactly this kind of entanglement. Executive privilege exists to protect candid presidential deliberation. Federalism exists to preserve boundaries between state and national authority. The separation of powers exists to prevent political weaponization of the justice system.

When a sitting president waives his predecessor’s executive privilege to aid a prosecution that mirrors his own political interests, the precedent should trouble every American.

The “Fani Files” do not merely recount a failed case. They document a pattern of coordination that blurs constitutional lines and erodes public trust.

References

• Just the News – "The Fani Files: Georgia prosecutor plotted Trump case closely with Biden DOJ, J6 Democrats: memos"
• America First Legal – Open Records Litigation on Fulton County DA
• Marbury v. Madison, 5 U.S. 137 (1803)
• Georgia Court of Appeals Decision on Fani Willis Disqualification

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Photo by Kelly