An attorney for ex-DOJ official Jeffrey Clark made his case for access to communications between Fulton County prosecutors and the White House counsel's office on Thursday, claiming that the Georgia election interference case against his client was brought with "political purpose."
Harry MacDougald, Clark's lawyer, said he needed access to those communications because, he alleged, the Biden White House "has its fingerprints on all four criminal prosecutions of President Trump," and Clark needs the documents to build a case for dismissal on the grounds of selective prosecution.
Clark is accused by the DA of making false statements to senior Justice Department officials in December 2020, urging them to tell Georgia officials that the DOJ had "significant concerns" about the 2020 election results in the state.
Clark, who waved his appearance, was not present in court Thursday.
Alex Bernick, a prosecutor with the Fulton County DA's office, said in court that their office's written communication with the White House amounts to two letters "about logistics and procedures."
"It wasn't about obtaining any type of evidence," Bernick said.
Fulton County Judge Scott McAfee said he wanted to review the relevant documents in his chambers and would study the case law before making a decision.
"Why don't we start there?" McAfee said. "After I've had a chance to review, I'll make the findings … in a written order."
Clark earlier argued in court filings that the records he was seeking may be material to the outcome of his case "if it supports an argument that the prosecution of the case is tainted with partisan political objectives coordinated with, suggested or directed by the White House." But he also conceded those communications may have been for "legitimate non-political reasons."
In his motion, Clark also suggested that the DA's correspondence with the federal government "may show" that the DOJ refused to grant requests for two DOJ officials to testify before the grand jury that was probing the case -- an assertion they base on a New York Times article on the investigation.
If true, Clark's attorneys said, that would be beneficial to Clark's case.
Trump, Clark, and 17 others pleaded not guilty in August to all charges in a sweeping racketeering indictment for alleged efforts to overturn the results of the 2020 presidential election in the state of Georgia.
Defendants Kenneth Chesebro, Sidney Powell, Jena Ellis and Scott Hall subsequently took plea deals in exchange for agreeing to testify against other defendants.