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“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.
He added, “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.”
The privilege waiver extended to internal Trump White House discussions surrounding Jan. 6, Justice Department reviews of alleged election fraud, and any attempt to “alter valid 2020 election results or obstruct the transfer of power,” according to the letter.
The documents further reveal that Willis’ office formally reached out to federal officials through “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 expected additional requests and wanted to coordinate the process. By May, the Justice Department responded that some of the requested information was already public, noting that Rosen, Donoghue, and Engel had testified before Congress. As a “courtesy,” the department attached congressional transcripts to assist the Georgia investigation.
At the same time, Willis’ team was in direct contact with Democrats on the Jan. 6 Select Committee. In one message to Chairman Bennie Thompson’s staff, prosecutors said they were “currently engaged in an ongoing investigation” and requested a meeting. Committee staff 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 praised the committee’s work in a letter to its chief investigative counsel, Tim Heaphy. “Our initial review of the report confirms you all have accomplished amazing things in the past year,” he wrote.
The records were obtained after Just the News and America First Legal sued Willis’ office. Initially, Willis tried to withhold many communications under claims of privilege. This week, her office dropped those claims and released the documents without redactions.
“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 collapsed after a Georgia appeals court ruled that Willis’ conduct created an appearance of impropriety, removing 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 highlighted the court’s ruling: “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.”
He added, “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.”
