The Biden White House quietly took a decisive step in 2022 that cleared the way for Fulton County District Attorney Fani Willis to press ahead with her now-collapsed prosecution of President Donald Trump and his allies.
According to Conservative Daily News, a senior White House attorney agreed in September 2022 not to invoke executive privilege, opening the door for Willis team to compel testimony from former Trump administration officials and senior advisers before a Georgia grand jury. The letter, obtained by Just the News, shows the Biden team effectively greenlighting access to internal Trump-era deliberations that would normally be shielded from partisan fishing expeditions.
Though Willis publicly tried to cast herself as an impartial prosecutor, President Trumps legal team suspected political coordination and sought records of any contacts between her office and the Biden White House in a court filing. America First Legal, a conservative watchdog group, later joined with Just the News in 2024 to sue for those documents, underscoring growing concern on the right that local prosecutors were being weaponized to achieve what Democrats could not win at the ballot box.
The Biden teams refusal to assert privilege in Georgia mirrored its earlier decision in 2021 not to shield Trump-era documents from the highly partisan Jan. 6 committee. 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, then-special counsel Richard A. Sauber wrote in a Sept. 23, 2022 letter to Willis Chief Senior Assistant District Attorney Donald Wakeford.
This determination covers: events within the White House on or about January 6, 2021; efforts to use the Department of Justice to advance a false narrative that the 2020 election was tainted by widespread fraud; and other similar efforts to alter valid 2020 election results or obstruct the transfer of power, Sauber continued. The President believes that the constitutional protections of executive privilege should not be used to shield information that reflects efforts to subvert the Constitution itself.
Willis office did not immediately respond to a request for comment, even as questions mounted about the political nature of her prosecution strategy. Her case against President Trump and multiple co-defendants, built on sweeping claims of election interference in Georgia, was formally tossed by a judge in November.
The court found Willis was disqualified over an appearance of impropriety tied to her romantic relationship with outside attorney Nathan Wade, whom she had installed as special prosecutor while allegedly benefiting from his taxpayer-funded income. Willis had publicly insisted she paid all special prosecutors the same hourly rate, but contracts first reported by the Daily Caller News Foundation showed Wade received more than the states top racketeering expert.
Billing records revealed Wade twice charged $2,000 for 2022 meetings with the Biden White House, a detail that surfaced in a defense motion and fueled further suspicion of coordination. When questioned under oath in 2024 by the House Judiciary Committee, Wade claimed he did not remember the meetings, a response that did little to reassure critics already alarmed by the politicization of law enforcement.
Cell phone data submitted by President Trumps attorney showed Wade visited Willis neighborhood at least 35 times in 2021, reinforcing the narrative that personal entanglements and political motives had thoroughly compromised the case. As many of us argued from the jump, Fani was colluding with the Biden WH, the Biden DOJ, and the J6 Committee, former Trump DOJ official and defendant Jeff Clark wrote Wednesday on X. Now the documents have come out providing that to be true. They were withheld from the GA defendants on spurious privilege grounds. A disgrace.
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