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By Rachel Dobkin
Weekend Reporter
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Fulton County District Attorney Fani Willis is allowed to be subpoenaed by Georgia state senators about President-elect Donald Trump's state election interference case, a judge has ruled.
Newsweek reached out to Willis' attorney via telephone outside of business hours Friday afternoon.
Why It Matters
The Republic-led Georgia state Senate committee looking into whether Willis, a Democrat, engaged in misconduct during her prosecution of Trump sent subpoenas to Willis in August in an effort to get her to testify in front of them and produce documents related to their inquiry.
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However, Willis has refused to comply with the subpoena with her attorney, former Democratic Georgia Governor Roy Barnes, arguing that the state Senate committee did not have the power to subpoena her. He also contended that the subpoenas were overly broad and not for a legitimate legislative need.
What To Know
Fulton County Superior Court Judge Shukura Ingram ruled on Monday that the state Senate committee can subpoena Willis but said the district attorney has until January 13, 2025, to submit arguments over whether the subpoenas seek legally shielded or confidential information.
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Georgia Senate Committee Asks Judge To Intervene
Willis' challenge to the subpoena was pending when the state Senate committee held a meeting in September where she was ordered to testify. The district attorney skipped the hearing, and the committee in October asked Ingram to require Willis to comply with the subpoenas.
The committee's attorneys argued that Willis not complying with the subpoenas had delayed the committee's ability to finish its inquiry and to provide recommendations for potential legislation.
Fani Willis Disqualified From Trump Case
Last week, Georgia's Court of Appeals disqualified Willis from prosecuting her case against Trump and his allies, ruling that the trial court "erred by failing to disqualify DA Willis and her office." However, the court let the indictment stand against the defendants.
In August 2023, Trump and 18 others were indicted for allegedly conspiring to overturn now-President Joe Biden's narrow election victory in the battleground state of Georgia. Four of the defendants have since accepted plea deals. Trump and the others, meanwhile, have pleaded not guilty. The president-elect has maintained his innocence, claiming the case is politically motivated against him.
Trump and some of the remaining defendants pushed to get Willis and her office removed from the case and to have the case thrown out altogether, arguing that her romantic relationship with the special prosecutor originally assigned to the case, Nathan Wade, created a conflict of interest and that Willis made improper public statements about the case.
Superior Court Judge Scott McAfee, who is overseeing the case, ruled in March that there was no conflict of interest that should force Willis off the case. But he said that Wade would have to get off the case for Willis to remain on it, and the special prosecutor subsequently resigned.
Trump and the others successfully appealed McAfee's ruling.
What People Are Saying
Republican Georgia State Senator Greg Dolezal said in a press release issued by the state Senate last Friday: "Despite our committee's lawful subpoena, DA Willis has refused to testify. This, coupled with troubling revelations of apparent violations of Georgia's open records laws, paints a disturbing picture of an office operating as though it is above the law. This behavior undermines public trust and raises serious questions about the integrity of her office."
Republican Lieutenant Governor Burt Jones said in the press release: "The Senate will continue to fight for transparency and accountability," adding that Willis' "refusal to come before the committee is unacceptable and addressing these issues to require accountability will be a priority for the Senate."
Republican Georgia State Senator Bill Cowsert, who currently chairs the committee, said in the release: "Our hearings have revealed serious prosecutorial misconduct and legislative remedies are needed. I look forward to finishing our investigation and passing legislation that restores confidence in the criminal justice system."
What Happens Next
The current Georgia legislative term will end on January 13, 2025. Dolezal promised in last Friday's press release to file a resolution at the beginning of the new legislative term to re-establish the committee investigating Willis.
This article includes reporting from The Associated Press.
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