Politics

Judge rules against DOJ over communications in Georgia voting lawsuit

Feds must reveal information about talks with groups suing Georgia
Secretary of State Brad Raffensperger was pleased with a federal judge's ruling tha tthe U.S. Department of Justice must disclose documents it has withheld during an ongoing lawsuit that alleges racial discrimination in Georgia’s voting laws passed after the 2020 general election. “I’m gratified that the court agreed that there should be no secrecy between the Biden Justice Department and liberal activists,” Raffensperger said. (Natrice Miller/natrice.miller@ajc.com)
Secretary of State Brad Raffensperger was pleased with a federal judge's ruling tha tthe U.S. Department of Justice must disclose documents it has withheld during an ongoing lawsuit that alleges racial discrimination in Georgia’s voting laws passed after the 2020 general election. “I’m gratified that the court agreed that there should be no secrecy between the Biden Justice Department and liberal activists,” Raffensperger said. (Natrice Miller/natrice.miller@ajc.com)
By Mark Niesse
Feb 22, 2023

A judge has ordered the U.S. Department of Justice to turn over communications with organizations suing Georgia over the state’s voting laws, deciding in favor of Secretary of State Brad Raffensperger as he tries to show that the federal government collaborated with his opponents.

U.S. District Judge Trevor McFadden ruled Monday that the Justice Department must disclose documents it has withheld during an ongoing lawsuit that alleges racial discrimination in Georgia’s voting laws passed after the 2020 general election.

Raffensperger, a Republican, said he wants to find evidence of political coordination between Democratic President Joe Biden’s Justice Department and 62 plaintiffs that have filed lawsuits against the voting law, known as Senate Bill 202.

“Considering how blatantly political the Biden lawsuit against Georgia’s commonsense election law was from the beginning, it’s no surprise they would stonewall our request for basic transparency,” Raffensperger said Wednesday. “I’m gratified that the court agreed that there should be no secrecy between the Biden Justice Department and liberal activists.”

Multiple lawsuits oppose the voting law, which limited ballot drop boxes, reduced early voting time before runoffs, eliminated paperless online absentee ballot applications and banned handing out food or drinks to voters waiting in line.

The Justice Department’s lawsuit alleges the law illegally targeted Black voters in violation of the Voting Rights Act of 1965, which prohibits racial discrimination in elections.

In response to the lawsuit, Raffensperger filed a Freedom of Information Act request for the Justice Department’s communications with other plaintiffs, including Democrat Stacey Abrams, Fair Fight Action, the Black Voters Matter Trust Fund and the 6th District of the African Methodist Episcopal Church.

The department refused to disclose documents that it claimed were protected among litigants with similar interests. Raffensperger then sued.

McFadden, a nominee of Republican President Donald Trump, rejected the department’s claim.

The Justice Department hasn’t yet produced documents following McFadden’s order, pending a potential appeal.

About the Author

Mark Niesse is an enterprise reporter and covers elections and Georgia government for The Atlanta Journal-Constitution and is considered an expert on elections and voting. Before joining the AJC, he worked for The Associated Press in Atlanta, Honolulu and Montgomery, Alabama. He also reported for The Daily Report and The Santiago Times in Chile.

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