Court rules Georgia lawmakers can subpoena Fani Willis for information related to her Trump case
ATLANTA– A judge has ruled that the Georgia Senate can subpoena the Fulton County district attorney Fani Willis as part of an investigation into whether she engaged in misconduct in her prosecution of newly elected President Donald Trump, but gives Willis a chance to challenge whether lawmakers’ demands are too broad.
Fulton County Superior Court Judge Shukura Ingram filed the order Monday, telling Willis she has until Jan. 13 to file arguments on whether the subpoenas seek legally shielded or confidential information. Ingram wrote that they would later issue a final order stating what Willis was required to respond to.
A state appeals court earlier this month, Willis removed from the Meddling in the elections in Georgia case against Donald Trump and others, citing an “appearance of impropriety” that generally does not justify such removal. The Georgia Court of Appeals panel said in a 2-1 ruling that this was because of the romantic relationship with which Willis had special prosecutor Nathan Wade “This is the rare instance where disqualification is mandatory and no other remedy will suffice to restore public confidence in the integrity of this proceeding.”
Willis’ office immediately filed a notice of intent asking the Georgia Supreme Court to review the decision.
The Republican-led Senate Judiciary Committee sent subpoenas to Willis in August with the intention of forcing her to testify at the September meeting and produce dozens of documents. The committee was formed earlier this year to investigate allegations of “various misconduct” by Willis, an elected Democrat, during her prosecution of Trump and others on their efforts to overturn the former president’s 2020 election loss in Georgia.
The resolution establishing the committee specifically focused on Willis’ hiring of Wade to lead the prosecution against Trump and others. The resolution said the relationship amounted to a “clear conflict of interest and fraud against the taxpayers” of the county and state.
Willis’ attorney, former Georgia Governor Roy Barnes, argued that the Senate Judiciary Committee did not have the power to subpoena her. He also argued that the subpoenas were overbroad and unrelated to a legitimate legislative need. He said the committee is looking for confidential and privileged information, as well as private and personal information.
Willis’ challenge was pending in mid-September when she skipped a hearing during which the committee members had hoped to question her.
In October, the committee asked Ingram to require Willis to comply with the subpoenas. The commission’s attorneys wrote in a court filing that Willis’ failure to do so had delayed Willis’ ability to complete its investigation and make recommendations for any legislation or appropriations changes that might result.
Fulton County Superior Court Judge Scott McAfee reigned in March that Willis’ actions showed a “massive error of judgment,” but he found no conflict of interest that would disqualify Willis. He said she could continue her prosecution as long as Wade stepped aside, which he did.
Willis and Wade do acknowledged the relationship but he has said it started after he was hired and ended before charges were filed against Trump.
One wrinkle in the proceedings is that Georgia’s current legislative term will end when lawmakers are sworn in for their new terms on January 13. However, Republican Sen. Greg Dolezal of Cumming said last week that he will introduce legislation to reinstate the commission. at the start of the 2025 legislature.
“Despite our committee’s lawful subpoena, District Attorney Willis has refused to testify,” Dolezal said in a statement. “This, coupled with disturbing revelations of apparent violations of Georgia’s open records laws, paints a disturbing picture of an office operating as if it were above the law. This behavior undermines public trust and raises serious questions about the integrity of her office.”
Republican Lt. Gov. Burt Jones said he would support Dolezal’s move, saying Willis’ refusal to appear before the committee is unacceptable and that addressing these accountability issues will be a priority for the Senate .