By SAMUEL LOPEZ, Legal Correspondent
USA HERALD — August 25, 2025

A Fulton County judge has ordered District Attorney Fani Willis to plug three glaring holes in her open-records search and, if necessary, run a fresh sweep for Trump-related communications — this time documenting exactly who and what got searched.

In an August 20 order, Judge Robert C.I. McBurney said Willis must, within 14 days, file the specific search protocols for herself and Investigator Michael L. Hill II and clarify whether former special prosecutor Nathan Wade’s materials were searched; if not, they must be searched now and any responsive records submitted to the court for private review. 

The same order confirms the court has already examined 212 pages of emails, texts, and other materials in-camera and, for now, agrees they fall under Georgia’s “pending investigation or prosecution” exemption — meaning they are not currently subject to public release. Notably, the court rejected Willis’ blanket claim that everything was confidential attorney work product, signaling a narrower view of that privilege even as the “pending case” exemption controls. Justia

This latest directive grows out of Judicial Watch’s open-records lawsuit after Willis’ office repeatedly said no such records existed, only to later acknowledge they did once court pressure mounted. In January, Judge McBurney found Willis violated the Open Records Act and awarded Judicial Watch $21,578 in fees and costs after concluding her office “flatly ignored” the initial request and conducted no real search until ordered by the court. (Judicial Watch says payment arrived late.) Order Granting Attorney Fees and Costs

Procedurally, the road here matters. The court first entered a default in December 2024 for failure to comply; in March 2025 it compelled Willis to produce the withheld records for in-camera inspection and to explain her search; the August order followed the court’s review, flagging the missing protocols for Hill and Willis and the unclear status of Wade’s devices. The judge’s fix is surgical: document the search terms and data sources, search Wade if needed, Bates-stamp everything, and bring any new responsive records back to chambers for another look. Translation: the court is supervising the search, step-by-step. Scribd

Why do Hill and Wade matter? House Judiciary Republicans have publicly sought testimony and documents from multiple Fulton County employees, including Hill; a committee letter asserts staff met with the January 6 Select Committee as part of broader coordination lines — a point the court’s order subtly nods to when it asks whether Wade’s materials were searched. That political-oversight thread doesn’t decide the legal question here, but it explains why the judge wants a complete, documented search record now.

As I read it, the immediate news is two-fold. First, the court is still shielding the content because the related criminal matter remains “not particularly active” but technically pending — an exemption that often carries the day in Georgia. Second, the court is not satisfied with the who-what-where-how of Willis’ search. When a judge tells a prosecutor to “show your work,” the paper trail becomes the story.

“Judges don’t micromanage searches unless the basic diligence is in doubt. This order is a quiet but unmistakable demand for receipts,” Samuel Lopez, USA Herald

If Willis meets the September 3 deadline and the protocols pass muster, the fight shifts back to whether any portions are disclosable despite exemptions. If new material turns up — especially from Wade or Hill — expect another round of in-camera review and potentially a more granular exemption analysis.

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