Georgia Senate approves special committee to investigate Fani Willis misconduct allegations

FULTON COUNTY, Ga. - The Georgia Senate has approved legislation setting up a special committee to investigate allegations of misconduct by Fulton County District Attorney Fani Willis.

The resolution, known as SR 465, was filed by Sen. Greg Dolezal, the chairman of Georgia's Senate Committee on Transportation and chief deputy whip, and would establish the Senate Special Committee on Investigations to examine whether Willis has any potential conflicts of interest connected to her hiring of special prosecutor Nathan Wade.

At the Capitol on Friday, the Senate voted 30-19 to create the committee, which does not require approval by the state House or Gov. Brian Kemp. 

Georgia senators had a lively debate before voting on whether to create a special committee to investigate allegations of misconduct by Fani Willis.

"We’ve got better things to do," said state Sen. David Lucas, a Democrat from the Macon area.

"Let’s see where the facts take us," said state Sen. Greg Dolezal, a Republican from Alpharetta, who sponsored the resolution.

"We want to know where our money is going and that's what this does," said state Sen. Matt Brass, a Republican from Newnan.

"All we've heard is allegations and most of it comes from an ex-wife who is mad," Sen. Lucas said.

"The reality is, as these new facts have come to light, it has caused great concern not only for us, but constituents all over state of Georgia," Sen. Dolezal said.

"It is political retribution," said state Sen. Elena Parent, a Democrat from the Atlanta area.

The allegations stem from a motion filed on Jan. 8 by an attorney for former White House aide Michael Roman, one of the co-defendants in Fulton County's election interference case against former President Donald Trump. In the motion, Roman's lawyer Ashleigh Merchant alleges that Willis had a "romantic relationship" with Wade.

TIMELINE: FULTON COUNTY DA FANI WILLIS, NATHAN WADE CONTROVERSY

The motion also accuses Willis and Wade of "profiting significantly from the prosecution at the expense of taxpayers," alleging that Willis paid attorney Wade large sums and benefited personally when he, in turn, used his earnings to take her to Napa Valley, Florida and the Caribbean. Wade has been paid more than $650,000 at a rate of $250 an hour since his hiring, according to records Merchant cited.

Merchant did not include any concrete proof of the alleged inappropriate relationship between Willis and Wade. But a filing last week by Wade’s estranged wife Joycelyn in their divorce case includes credit card records that show that Wade bought plane tickets for Willis to travel with him to Miami and San Francisco. Joycelyn Wade has also sought to force Willis to testify in the divorce case. However, a judge ruled that Willis could not be forced to testify until Wade had given his testimony.

COULD DA FANI WILLIS BE REMOVED FROM GEORGIA'S TRUMP ELECTION CASE?

Republican State Sen. Brandon Beach of Alpharetta said that Willis’ employment of Wade is a "prosecution for personal profit scheme," contending that she has stretched out the Trump inquiry to keep paying Wade and derive personal benefit.

"I believe this scheme — prosecution for personal profit — was a fraud against the court and it was a fraud against you as a Georgia taxpayer," Beach said.

The new panel would be able to issue subpoenas and require people to testify under oath — powers that no other Georgia legislative committee routinely uses.

The committee can’t directly sanction Willis, and Democrats denounced it as a partisan attempt to try to play to Trump and his supporters.

"You’re talking about partisan politics. That’s all you’re talking about," said Democratic Sen. David Lucas of Macon.

A spokesperson for the District Attorney's office told FOX 5 they had "no comment" after the resolution passed.

Fani Willis defends Nathan Wade

Willis has yet to respond publicly to the allegations of a romantic relationship between her and Wade. But she vigorously defended Wade and his qualifications in a speech during a service honoring the Rev. Martin Luther King Jr. at a historic Black church in Atlanta on Jan. 14. Although she never mentioned Wade by name, she called him a "superstar, a great friend and great lawyer." 

Willis also suggested during that address that the questioning of Wade’s hiring was rooted in racism.

"They only attacked one," Willis told the congregation. "First thing they say, ‘Oh, she’s gonna play the race card now.’

"But no God, isn’t it them that’s playing the race card when they only question one," she asked.

Fulton County Superior Court Judge Scott McAfee has set a Feb. 15 hearing on the motion and gave the district attorney’s office until Feb. 2 to respond to it.

Could an oversight commission remove Fani Willis from the Trump case?

Many Republicans would like to see Willis investigated by Georgia’s new Prosecuting Attorneys Qualification Commission. That body was created last year to discipline and remove prosecutors. But it hit a snag after the state Supreme Court refused to approve the commission’s rules.

Lawmakers this year are seeking to remove the court’s required approval, allowing the commission to begin operating. The commission would be able to remove district attorneys from office or discipline them for a conflict of interest, "conduct prejudicial to the administration of justice which brings the office into disrepute" or for "willful misconduct in office."

However, it’s unlikely that the commission could remove Willis just from the Trump case unless she agreed to step aside in a negotiated settlement.

Could Georgia lawmakers impeach Fani Willis?

A few lawmakers have proposed impeaching and removing Willis, an idea Trump endorsed over the summer. However, Georgia’s General Assembly hasn’t impeached anyone in more than 50 years. And a two-thirds majority of the state Senate is required to convict. That’s a tough hurdle because Republicans currently control less than two-thirds of the 56-seat Senate. A Republican is likely to win a vacant seat, bringing the GOP majority back to 33. Even then, five Democrats would have to vote to convict.

"I'm doing my job because she didn't do her job," said State Representative Charlice Byrd, a Republican from Woodstock. "When she brought charges against 19 people that really did nothing other than state their first amendment right."

Rep. Byrd says she still believes there was fraud in the 2020 election, despite state election officials not finding any. Democrats are shocked at what’s happening. 

"We cannot succeed as a country with one of our two main political parties  embroiled in lies, disinformation, conspiracy theories and political retribution," Senator Parent said.

So far, no vote on impeachment. 

Also working against an impeachment proceeding: All of Georgia’s lawmakers are up for reelection this year. Taking up impeachment could keep them in session and off the campaign trail.

State Sen. Colton Moore of Trenton tried to persuade fellow Republicans to call themselves into special session over the summer to go after Willis but never got close.

Willis has been the district attorney for Fulton County since 2020 after spending 16 years as a prosecutor in the district attorney's office. She is known for successfully using Georgia's RICO (Racketeer Influenced and Corrupt Organizations Act) statute to prosecute non-mobsters. She launched the criminal investigation into Trump's alleged attempts to influence Georgia election officials in 2021. A grand jury handed down indictments against Trump and 18 co-defendants on Aug. 14, 2023. Willis plans to bring Trump and the remaining co-defendants (4 have accepted plea deals) to trial in August of this year. 

The U.S. House Committee on the Judiciary also announced an investigation into Willis on Jan. 12.

FOX 5 reached out to the Fulton County District Attorney’s Office but was told Willis had no comment. 

The Associated Press contributed to this report.