Embattled Fulton County District Attorney Fani Willis on Friday refused to comply with a subpoena for testimony and documents related to allegations of misconduct in her handling of the 2020 election interference case against former President Donald Trump.
The Georgia state Senate Special Committee issued the subpoena last month as part of an investigation into the 52-year-old district attorney’s alleged misuse of taxpayer money and potential conflicts of interest during her romance with former Trump special prosecutor Nathan Wade.
Willis contends that the panel’s subpoena power is “unlawful,” and has indicated that she will refuse to cooperate in the probe.
“I would ask the doorman, please check the hall to see if [Willis] has appeared before we adjourn,” state Sen. Bill Cowsert (R–Athens), the chairman of the panel, asked as the hearing concluded.
“Ms. Willis has failed to appear in compliance with the subpoena and has failed to produce documents requested by the subpoena,” Cowsert said, after the doorman indicated that Willis was not waiting in the hallway.
Before the hearing wrapped, Cowsert noted that the committee had hired outside legal counsel “to assist us in our legal enforcement efforts of our subpoena.”
Willis is challenging the legality of the subpoena, but her effort to quash the summons has yet to be heard in court.
Former Democratic Georgia Gov. Roy Barnes, who is serving as Willis’ attorney, told the Atlanta Journal Constitution that the DA “will not appear until there has been a judicial determination of the validity of the subpoena.”
Barnes argued in a court filing that the panel’s demands are “overbroad and not reasonably tailored to a legitimate legislative need” and that they “seek confidential and privileged information, as well as private and personal information that is not the legitimate target of a legislative subpoena,” according to the Associated Press.
He also charged that the subpoena should be voided because it was issued after the state’s legislative session was over and violates Georgia’s constitution.
The committee’s document demand included material from Willis related to Wade, including hiring and payment information, communication records between the two, documents related to money or items of value that Wade and Willis may have exchanged, according to the AP.
The panel is also seeking the DA’s responses to requests from House lawmakers and any communications Willis or her office had with the White House, the Justice Department and Congress about the 2020 election.
Wade resigned from the Trump case in March after Fulton County Judge Scott McAfee issued an ultimatum, forcing either him or Willis to step aside in order for the case to move forward.
Both Willis and Wade have admitted to a love affair but both insisted under oath the relationship only became official in 2022 after they had already brought the case against the former president and his co-defendants.
Willis’ sprawling racketeering case against Trump has been on pause since June, while the Georgia Court of Appeals weighs the former president’s effort to disqualify the district attorney.
Trump and eight of his co-defendants had asked the Georgia appeals court in March to hear their arguments accusing Willis of prosecutorial misconduct over her relationship with Wade.
The appeals court is expected to hear arguments in the disqualification effort in December — well after the Nov. 5 presidential election.
The findings of the state Senate investigation will inform legislative actions, including possibly enacting laws to ensure more accountability and oversight of the DA’s office, according to the Georgia Senate.
