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Does DA Willis have to comply with Senate subpoena?
A judge will decide whether a state Senate committee can order Fulton County District Attorney Fani Willis to testify. The committee is investigating allegations of wrongdoing by Willis in the Georgia election interference case.
FULTON COUNTY, Ga. - Fulton County District Attorney Fani Willis was back in the spotlight on Tuesday with another attempt to stop a subpoena forcing her to testify before the Georgia Senate committee investigating her.
On Tuesday, a Fulton County Superior Court judge heard arguments in the fight between Willis and the committee.
The subpoenas, issued by the State Senate Special Committee on Investigations, seek Willis' testimony and documents related to her ongoing investigation into 2020 election interference and her relationship with Nathan Wade, a former special prosecutor.
"It is necessary to determine whether the alleged conduct of DA Willis if proven to be true should be addressed by the enactment of new or amended laws prompt some change in appropriations of both, that's why she has been invited to testify," attorney Josh Belifante, who is representing the Senate committee, argued at Tuesday's court hearing.
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Fani Willis, the District Attorney of Fulton County, Georgia inside her office chambers in the Fulton County Justice Center Tower in Atlanta on Tuesday, Sept. 20, 2022. (Photo by David Walter Banks/Getty Images)
Willis and her legal representation have argued that the subpoena's broad demands for documents would harm the election interference case against former President Donald Trump and his allies. She requested a permanent injunction to prevent enforcement of the subpoenas by the committee.
"This is nothing more than singling out one person, who was elected and duly reelected in this circuit, to embarrass. It’s not for any legitimate legislative purpose," said former Gov. Roy Barnes, who is representing Willis.
Attorneys for the state said the state constitution clearly gives the Georgia Assembly subpoena powers.
"The state senate is entitled to investigate whether and specifically identifies them," the state’s attorney said.
"I will not appear to anything that is unlawful, and I have not broken the law," Willis previously told FOX 5's Rob DiRienzo. "I’ve said it amongst these leaders, I’m sorry folks get pissed off that everybody gets treated equally."
SEE ALSO: Fulton County DA Fani Willis ordered to release records after default judgment
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Fani Willis subpoena stands, judge rules
A Fulton County judge has denied District Attorney Fani Willis' motion to stop a subpoena that would force her to answer to a Georgia Senate committee.
In September, the same judge denied an emergency motion by Willis to stop her appearance, saying that the time requested by the committee "has passed" and that, while the chairman of the committee announced that it had already hired someone to enforce the subpoena after Willis' no-show, they have not yet taken action to enforce the subpoena.
Now the committee is asking the judge to require that Willis comply with the subpoena or find her in contempt. The judge did not issue a ruling Tuesday.
What led to the Fani Willis probe
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Fani Willis pens scathing letter to House Republicans
District Attorney Fani Willis pushed back against House Republicans who are demanding that Nathan Wade testify on Capitol Hill over the ongoing election interference case in Fulton County.
In January, Willis was accused by one of the defendants in the Georgia election interference case of maintaining an inappropriate relationship with former special prosecutor Nathan Wade. Additionally, she was alleged to have financially benefited from this relationship and the investigation into former President Donald Trump and his associates for their purported interference in the 2020 presidential election in Georgia.
Following three months of contention and multiple days of testimony, Fulton County Superior Court Judge McAfee ruled that either Willis or Wade must step aside for the case to proceed in Fulton County. Wade tendered his resignation shortly thereafter.
Timeline: Fulton County DA Fani Willis, Nathan Wade controversy
Throughout the ordeal, neither Willis nor Wade admitted any wrongdoing.
Last month, a different court canceled a hearing to decide if Willis could continue to prosecute the election interference case she brought against President-elect Donald Trump.
In a one-line order with no further explanation, the Georgia Court of Appeals said that the hearing "is hereby canceled until further order of this Court."