Fani Willis defies subpoena from Georgia Senate committee, enforcement planned

FULTON COUNTY, Ga. - Fulton County District Attorney Fani Willis did not appear before the state Senate committee investigating her on Friday morning, stating that she would not "appear to anything that is unlawful" and asserting she had not broken any law.

Legislative counsel Stuart Morelli and former Secretary of the Senate David Cook testified before the committee, outlining what they believe are the relevant laws and cases related to the committee's desire to question Willis and her unwillingness to be questioned.

After hearing from Morelli and Cook, Chairman Bill Cowsert sent someone to check if Willis had arrived for the hearing. When it was confirmed she was not present, Cowsert announced that the committee had already hired Josh Bellinfante to enforce the subpoena. He then asked if the committee wished to go into executive session to discuss the matter further. Once the committee indicated it did, the regular meeting was adjourned.

ORIGINAL

Fulton County District Attorney Fani Willis is expected to defy a subpoena by a Georgia state Senate committee investigating her conduct.

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. Willis filed for an injunction to halt the subpoenas, which demanded her appearance at a hearing on Friday. 

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. 

"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."

So far, three Fulton Superior Court judges have rescued themselves on the case. Judges Craig Schwall, Sr. and Melynee Leftridge recused themselves last week, citing unspecified conflicts of interest. On Monday, Judge Scott McAfee also recused himself, noting his involvement in overseeing the election interference case against former President Donald Trump and others. 

Speaking to Fox News, Republican Sen. Bill Cowsert, the chairman of the bipartisan committee, said that he expected Willis not to appear at the committee's sixth hearing.

"We think it's unlikely that she will appear but disappointing that she considers herself above the law," Cowsert said. 

If Willis does not show up, the state Senate will likely seek a court order to compel her to appear.

"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," Cowsert said. 

The committee's previous hearings have included testimony from attorney Ashley Merchant, who represents the defendant who initially raised concerns about Willis, as well as Amanda Timpson, a former employee with the district attorney's office. Timpson claims she was demoted and then fired after trying to stop employees from using a federal grant meant for the creation of a Center of Youth Empowerment and Gang Prevention for travel, computers and "swag."

Former Georgia Secretary of State David Cook and legislative counsel Stuart Morelli are expected to testify Friday about the legal ability of the committee to subpoena officials.

The hearing will begin at 10 a.m.

What led to the Fani Willis probe

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.

Willis decisively won her primary election in May and will face Republican challenger Courtney Kramer in the general election in November.