White House Clears Path for Trump Witnesses to Testify in Georgia Election Probe

Documents obtained through a lawsuit under Georgia’s Open Records Act reveal that prosecutors in Fulton County, Georgia, received direct assistance from the Biden administration in their investigation of Donald Trump’s alleged attempt to overturn the 2020 presidential election results.

The assistance extended beyond a decision not to assert executive privilege and included active coordination with the January 6 House Select Committee. In a September 2022 letter to Fulton County prosecutors, then-White House special counsel Richard Sauber informed then-Deputy District Attorney John Wakeford that then-President Joe Biden would not invoke executive privilege to block testimony from former Trump White House officials before a Georgia special purpose grand jury.

The grand jury was convened as part of District Attorney Fani Willis’ investigation into alleged efforts by Trump and his allies to contest the results of the 2020 presidential election in Georgia. Sauber wrote: “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.” 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 the White House’s involvement went beyond the privilege determination. However, specific details were not disclosed. The materials were obtained after a lawsuit filed by a nonprofit public interest law group alongside the district attorney’s office, which initially sought to withhold records citing legal privilege. In response to the lawsuit, the district attorney’s office dropped all privilege claims and released the documents in full.

The production included more material than Willis’ office had previously provided to Republicans on the House Judiciary Committee. Executive privilege is a legal doctrine that allows presidents to withhold certain communications from disclosure, particularly those involving internal executive branch deliberations. While typically asserted by the sitting president, disputes can arise when a current president declines to uphold a former president’s claim.

In this instance, Biden declined to assert privilege over testimony from former Trump officials in connection with a state-level criminal investigation. This decision cleared the way for those officials to provide testimony before the Georgia grand jury without a White House-backed privilege barrier. The coordination occurred as Willis’ office pursued evidence related to Trump and his allies’ efforts to contest Georgia’s 2020 election results.

Trump has denied wrongdoing and characterized various investigations into his conduct as politically motivated. The White House previously stated that declining to assert executive privilege in matters related to January 6 and the post-election period aligned with its position that transparency served the public interest. Willis’ office also engaged with the Jan. 6 committee’s chief investigative counsel, Tim Heaphy, who reported: “We’re willing to provide an oral summary of what certain witnesses have told the committee in interviews and depositions.” He further noted they would share some committee documents in camera and conduct meetings in Washington.

The email chain confirmed a Fulton County team traveled to Washington for meetings with committee staff. Willis recently announced a sprawling indictment against Trump and 18 others using Georgia’s anti-racketeering law to allege a conspiracy to illegally overturn Trump’s narrow loss to Biden in Georgia. A Georgia judge previously dismissed an election interference case against Trump and his allies. In January 2024, defense attorneys sought Willis’ removal after it was revealed she had a romantic relationship with Nathan Wade, the special prosecutor she hired to lead the case, alleging a conflict of interest and that Willis profited from the case when Wade used earnings for vacations.