The order from U.S. District Judge Dabney L. Friedrich followed the end of Smith’s 2020 election interference case against President Donald Trump and Smith’s own resignation from his special prosecutor role.

Judicial Watch had sought the communications in a Freedom of Information Act lawsuit but has been stalled by Smith and Justice, claiming that disclosing any information would hurt the prosecution.

Friedrich, based in Washington, said since there no longer is a case, turning over the documents won’t jeopardize any case.

In his Jan. 28 order, he wrote, “Since DOJ filed its motion for summary judgment and supporting Declaration in March 2024, the Special Counsel’s criminal enforcement actions have been terminated…. The cases are ‘closed — not pending or contemplated — and therefore are not proceedings with which disclosure may interfere.’ … Thus, the agency’s sole justification for invoking the Glomar doctrine under Exemption 7(A) is no longer applicable.”

He added, “Accordingly, the court will deny DOJ’s motion for summary judgment and grant the plaintiff’s cross motion. DOJ is directed to process the plaintiff’s FOIA request and either ‘disclose any [responsive] records or establish both that their contents are exempt from disclosure and that such exemption has not also been waived.’”

He explained that the Glomar doctrine applies when confirming or denying the existence of records would itself cause harm to a case.

Judicial Watch had been seeking communications between Smith’s office and the Fulton County district attorney “requesting or receiving federal funds or other federal assistance in any form relating to the investigation” of Trump and others in the 2020 election case. The group also sought any other communications between the two.

The stalling angered Judicial Watch President Tom Fitton, who said, “President Trump truly needs to overhaul the Justice Department from top to bottom. It is a scandal that a federal court had to order the Justice Department to admit the truth that their objections to producing records about collusion with Fani Willis had no basis in reality.”

Trump’s team has been looking into cases former President Joe Biden’s Justice Department brought against the former and current president.

SEE THE LATEST POLITICAL NEWS AND BUZZ FROM WASHINGTON SECRETS

It is unclear what may be in any communications, though Judicial Watch has alleged collusion.

A Georgia judge has already ordered Willis to turn over her communications with Smith to Judicial Watch. She also had to pay about $20,000 to Judicial Watch to cover their legal fees.