Georgia Senate committee pushes for subpoena enforcement in DA Willis probe

ATLANTA - The Georgia Senate Special Committee on Investigations is asking a Fulton County judge to enforce a legislative subpoena against District Attorney Fani Willis.

In a motion filed last week, attorneys for the state legislative branch argued Willis has waived her objections and failed to prove her claims of privilege.

The backstory:

The Georgia Senate Special Committee on Investigations, chaired by state Sen. Bill Cowsert, has been reauthorized this year by Senate Resolution 5 to investigate allegations of misconduct involving Fulton County District Attorney Fani T. Willis and her former special prosecutor, Nathan Wade. 

This investigation has gained significant attention due to its connection to the Georgia election interference case involving former President Donald Trump.

What we know:

The committee is urging a Fulton County judge to enforce a legislative subpoena against Willis, arguing that she has waived her objections and failed to substantiate her claims of privilege. 

In a recent court filing, attorneys for the committee responded to Willis’ arguments regarding her compliance with subpoenas issued by the panel. 

The Superior Court of Fulton County previously denied Willis' petition for declaratory judgment and injunctive relief in December 2024, and after Willis failed to appeal that ruling, the court directed her to clarify objections she raised to a witness subpoena and a subpoena duces tecum, which seeks documents.

Willis has agreed to produce documents she previously shared with the U.S. House Judiciary Committee and in public filings related to her election interference case against Trump. 

Both sides agree this satisfies her current obligation under the subpoena duces tecum but does not resolve future disputes.

What they're saying:

The committee contends that Willis’ updated response remains deficient. "Petitioner has waived her objections to the Witness Subpoena and this Court should order Petitioner comply with the Witness Subpoena at a time and date designated by the Special Committee," attorneys for the committee wrote. 

They also argue that Willis has not proven an attorney-client relationship with Wade, stating both acted as agents of the Fulton County District Attorney’s Office rather than in a traditional client-attorney structure. "Petitioner’s characterization of the purported attorney-client relationship between herself, the FCDA, and Mr. Wade is inaccurate," the committee’s lawyers wrote.

"The DA has thumbed her nose at this committee," said Sen. Greg Dolezal, R–Cumming.

The remarks came during a hearing of the Senate Special Committee on Investigations, which is probing allegations of misconduct and potential misuse of public funds related to Willis’ past relationship with former special prosecutor Nathan Wade. The committee launched its inquiry after questions surfaced about whether Willis benefitted financially from the romantic relationship, which began after she appointed Wade to lead the high-profile 2020 election interference case against Donald Trump and others.

"This has been going on now for many months," said Sen. Bill Cowsert, R-Athens, who chairs the committee. "We issued our subpoena back in September of ’24. We’re now six months later, and we haven’t gotten her to comply, even though the judge has ordered it. And, you know, we are fed up with that."

Cowsert said the committee will offer several dates to Willis’ attorney, former Gov. Roy Barnes, in hopes of resolving the matter without further court involvement.

"Hopefully we will resolve this and she will begin to respond to the legal process like she expects the defendants in her courtroom to do," Cowsert said.

Cowsert also said the committee is still seeking documents from the DA’s office related to its investigation.

"She is not above the law," Cowsert said. "I think there are legal processes to force her to comply — and yes, that does include confinement. I’m not threatening that — that’s up to the judge to do if she fails to comply."

The other side:

Willis, represented by former Gov. Roy Barnes and attorney John R. Bartholomew of The Barnes Law Group, has claimed that the committee's subpoenas are now moot. However, the panel reiterated that the court has already rejected that argument, noting the Senate reauthorized the committee in the current session and that such matters are "capable of repetition yet evading review." 

Willis’ objections based on law enforcement privilege were also dismissed by the committee’s attorneys, who argued that the privilege does not apply outside the context of open records law. "Petitioner enjoys no ‘Law Enforcement Privilege’ against the disclosure of records compelled by a legislative subpoena," the filing asserts.

Willis' attorney sent FOX 5 this statement on Wednesday:

"The District Attorney and Special Committee have not reached an agreement to testify, and the District Attorney continues to challenge the witness subpoena in court.  She has agreed to produce certain already publicly produced documents, and will do so at an appropriate time."

What's next:

The court has not yet ruled on the committee’s motion to compel Willis to testify. The legal fight continues to draw national attention due to its ties to the Georgia election interference case and broader scrutiny of Willis’ conduct in that prosecution. The committee is represented by attorneys Josh Belinfante and Vincent R. Russo of the Robbins Firm.

SEE ALSO:

• Fulton County DA Fani Willis ordered to pay $54K to attorney in Trump case
• Georgia's reimbursement bill would allow Trump to recover costs
• Fulton County judge rejects DA Willis' Bid to quash Senate committee subpoenas
• Georgia Senate committee to reissue subpoena for DA Fani Willis in Trump election probe
• Trump's mug shot from Fulton County Jail hangs in White House

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