Fulton County District Attorney Fani Willis, who is overseeing the Georgia election interference case involving former President Donald Trump, was absent from Friday’s hearing conducted by a Georgia state Senate committee examining her actions. Willis has contested the validity of the committee’s subpoenas, as confirmed by a spokesperson from her office according to ABC News.
The Fulton County District Attorney has contended that the subpoena she received is illegal and has taken legal action to prevent its enforcement. The hearing on Friday was the sixth conducted by the Senate Special Committee on Investigations, which is scrutinizing a romantic relationship between Willis and Nathan Wade, the special prosecutor she appointed for the case, as well as a misuse of taxpayer funds.
Friday’s hearing was scheduled to feature “sworn testimony” from Willis, as stated in a press release from the committee. However, her attorney, former Georgia Governor Roy Barnes, informed the Atlanta Journal-Constitution that Willis “will not appear until a judicial ruling on the validity of the subpoena” is made on Thursday.
During the 90-minute session in Willis’ absence, the committee heard from two witnesses who testified that the panel possesses the legal authority to issue the subpoena and can compel the district attorney to testify if she does not voluntarily appear.
Republican State Sen. Bill Cowsert, who chairs the committee, said at the start of the hearing, “we have subpoenaed Fani Willis to testify … she is defying her subpoena and not appearing.” He added, “But we will welcome her if she appears at some point during the meeting,” before proceeding with the hearing to address other issues and hear from different witnesses.
Speaking to Fox News, Cowsert revealed that after Willis declined to testify voluntarily, the committee resorted to issuing a subpoena. Her legal team has signaled non-compliance with the subpoena, he noted. “We think it’s unlikely that she will appear but disappointing that she considers herself above the law.”
Prior to the hearing, Cowsert explained, “We do have the authority to investigate and to issue subpoenas to compel testimony and the production of documents, and if tested in court, that will be validated. She’ll be required to attend, and she’ll be required to produce certain requested documents. It may require a court order for her to obey them, but that’s where we’re headed.”
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Willis indicted former President Donald Trump and 18 others on charges related to a sweeping racketeering case, alleging efforts to overturn the 2020 presidential election results in Georgia. All accused, including Trump, have entered not guilty pleas. Four of the defendants accepted plea deals, agreeing to testify against the others. The Georgia Court of Appeals has temporarily halted the election interference case as of June, pending a decision on whether Willis can continue overseeing the case. Oral arguments concerning this issue are set for December 5, just one month after the presidential election.
Stuart Morelli, a legislative counsel, referenced state and federal court decisions affirming the power of legislative bodies to conduct investigations and compel testimony. “The investigative power has to be inherent to the legislative process,” Morelli stated. He further emphasized the necessity of this authority, asserting, “[Otherwise], you’re legislating in the dark.”
