Judge rules Fulton Co. DA’s office employee did not act in good faith, delayed open records requests

ATLANTA — A Fulton County judge ruled Monday afternoon an employee at the Fulton County District Attorney’s Office did not act in good faith.

The employee testified that he would use what he called the “Merchant Rule,” a tactic he used to delay open records requested by criminal defense Ashleigh Merchant.

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Monday’s hearing stems from a lawsuit in which Merchant accuses the Fulton County District Attorney’s Office of violating the state’s Open Records Act.

Merchant claims the District Attorney’s office refused to provide documents related to her client, Michael Roman, who is a defendant in the election interference case against former President Donald Trump and other defendants.

Some of the documents they wanted included employee nondisclosure agreements, emails, and how the District Attorney’s office spent money.

While the judge has ruled in favor of the plaintiff, she’s still considering the penalty for the District Attorney’s Office.

The state did not call any witnesses to testify; however, Andrea Alabi, legal counsel for the District Attorney’s Office maintains this lawsuit is politically motivated and the documents Merchant requested were produced.

The judge says she’s considering having the District Attorney’s office pay for the legal fees for the Merchant law firm. That would be approximately over $50,000.

She has not made an official ruling.

There was no testimony presented indicating District Attorney Fani Willis directed the employee to delay documents.

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