Federal judge orders Justice Department to supply documents in Georgia lawsuit

ATLANTA – A federal judge has ordered the Department of Justice to comply with a request for documents from Secretary of State Brad Raffensperger under the Freedom of Information Act. Shortly after passage of Georgia’s Elections Integrity Act, the Justice Department sued Georgia, seeking to strike down provisions of the new law.

In response to the Justice Department’s lawsuit against SB 202, Raffensperger requested any communications that may have influenced the Department’s decision to challenge Georgia law.

“These documents should show the coordinated effort between activists and the United States Department of Justice to use Georgia’s election reforms as a scapegoat for political losses,” Raffensperger said in a news release. “I’m gratified that the court agreed that there should be no secrecy between the Justice Department and liberal activists, and I will continue to fight for truth and integrity in Georgia’s elections.”

Shortly after the Election Integrity Act became law, the Department of Justice sued Georgia, seeking to strike it down. In response, Raffensperger requested documents under the Freedom of Information Act for records of the communication between DOJ and the activist groups also opposed to Georgia’s election security reforms.

The Justice Department had previously refused to turn over any of these communications, describing activist groups as “consultants” and the exchanges with them as “privileged.” In keeping the documents secret, the Justice Department argued that it had established a common legal interest among the plaintiffs. The court rejected this argument, noting that “the DOJ waived any privilege that could have attached vis-à-vis the other plaintiff groups.”

The court agreed with the state that the records were not internal agency communications or made pursuant to a common interest agreement. The withheld communications “comprised discussions in advance of the [Justice] Department’s ultimate litigation decisions …” which suggest that the Justice Department actively engaged third-party activist groups in litigation decisions and strategy, and those discussions guided their lawsuit.

Raffensperger said he hopes the Justice Department would release the documents without delay.

“Continued secrecy will only further erode the Department’s credibility,” he said. “The Department should drop all appeals of this ruling and release these documents immediately.”

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