The new state commission tasked with investigating and disciplining “rogue” local prosecutors dismissed an open records-related complaint against Fulton County District Attorney Fani Willis.

Earlier this week, the Prosecuting Attorneys Qualifications Commission determined that the allegations raised by a California-based newsletter author, media critic and internet talk-show host lacked sufficient evidence to move forward with formal charges.

“There is not sufficient evidence to meet the clear and convincing standard that DA Willis personally directed noncompliance with the Georgia Open Records Act or provided false replies,” Ian Heap, the commission’s executive director, wrote in a 4-page letter summarizing the group’s findings. The letter continued: “There is not sufficient evidence that DA Willis knowingly authorized or permitted an assistant district attorney to refuse to comply with or provide false replies to open records requests.”

Willis’s attorney, former Gov. Roy Barnes, did not respond to a request for comment on Friday.

The complaint was filed in January by Gregory Mantell, who has raised similar grievances against Willis before other local, state and federal groups.

In this case, Mantell contended that Willis’ office failed to hand over numerous financial records he was seeking, including her travel expenses and the office’s communications with the U.S. Department of Justice related to use of federal grant money. Mantell also cited previous open records-related fights Willis had with defense attorney Ashleigh Merchant and the conservative nonprofit Judicial Watch.

In those cases, a Fulton judge ordered Willis’ office to turn over requested records to Judicial Watch late last year. And in March, another Fulton judge ruled that the DA’s office was required to hand over records to Merchant and pay more than $54,000 in attorney’s fees for violating Georgia’s Open Records Act.

Heap, the commission’s executive director, wrote that a majority of members of the group’s investigative panel voted to authorize a full investigation of Mantell’s complaint. Earlier this month, members met with Willis and Barnes, who presented evidence. After that meeting, a majority of the investigative panel voted to dismiss the complaint.

In his response, Heap noted Willis was sanctioned in her official capacity in the Merchant and Judicial Watch lawsuits and that the DA’s office ultimately handed over hundreds of pages of responsive documents to Mantell.

“In this matter no formal charges have been filed, therefore the Investigative Panel, each of the Commissioners on the Investigative Panel, the Director, and other staff shall maintain confidentiality as to the public,” he wrote.

In an email, Mantell suggested he was deeply unhappy with the ruling and the commission’s confidentiality requirements and was considering filing formal federal complaints against Willis and Heap. He also said Willis’ office has yet to provide him the documents that satisfy his request.

Other complaints

Mantell’s complaint is one of several filed against Willis after the Prosecuting Attorneys Qualifications Commission was stood up in spring 2024 to punish “rogue” prosecutors. GOP legislators created it in part as a response to Willis’ election interference case against President Donald Trump and others, as well as news of her onetime romantic relationship with the outside attorney she hired to quarterback the case.

Over the last 18 months, a Georgia Senate committee was created to probe Willis’ conduct. And Republicans leading the House Judiciary Committee on Capitol Hill have launched a similar investigation. Both have zeroed in on Willis’ office spending and use of federal grant funding.

Another complaint before the Prosecuting Attorneys Qualifications Commission, filed by Senate Republicans, alleges Willis “improperly cherry-picked cases to further her personal political agenda.”

It is unclear whether that complaint — or any others against Willis — are currently being actively considered by the commission. Heap, the commission’s director, said under state law all of PAQC’s business is confidential “unless or until formal charges are filed.”

The development comes as two matters related to Willis are being considered by the Georgia Supreme Court.

As soon as this fall, justices could consider Willis’s long-simmering subpoena fight with the state Senate. And the court is still weighing whether to accept the DA’s appeal of a lower court ruling that removed her from the election interference case.

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