Lawmakers can subpoena Fani Willis over Trump election case, judge rules

FULTON COUNTY, Ga. - A judge has ruled that the Georgia state Senate can subpoena Fulton County District Attorney Fani Willis as part of an inquiry into whether she engaged in misconduct during her prosecution of President-elect Donald Trump but is giving Willis the chance to contest whether lawmakers’ demands are overly broad.

Fulton County Superior Court Judge Shukura Ingram filed the order Monday, telling Willis she has until Jan. 13 to submit arguments over whether the subpoenas seek legally shielded or confidential information. Ingram wrote that she would issue a final order later saying what Willis had to respond to.

"Petitioner claims that the subpoenas are overbroad and seek privileged and/or confidential information. This may very well be true, but this Court needs more details on the basis for these objections from Petitioner before ruling on Respondents’ application for enforcement," Ingram wrote, pointing to an open offer by the Senate committee leading the investigation to narrow the scopes of documents.

Speaking to the Associated Press, Georgia Gov. Roy Barnes, who is representing Willis in the case, motioned that Willis wants the ruling overturned.

"We believe the ruling is wrong and will appeal," Barnes said.

Fulton County District Attorney Fani Willis looks on during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on March 1, 2024, in Atlanta. (Photo by Alex Slitz-Pool/Getty Images)

A state appeals court earlier this month removed Willis from the Georgia election interference case against Donald Trump and others, citing an "appearance of impropriety" that might not typically warrant such a removal. The Georgia Court of Appeals panel said in a 2-1 ruling that because of the romantic relationship Willis had with special prosecutor Nathan Wade "this is the rare case in which disqualification is mandated, and no other remedy will suffice to restore public confidence in the integrity of these proceedings."

Willis’ office immediately filed a notice of intent to ask the Georgia Supreme Court to review the decision.

Fani Willis and Georgia senators' subpoena fight

The Republican-led Senate committee sent subpoenas to Willis in August seeking to compel her to testify during its September meeting and to produce scores of documents. The committee was formed earlier this year to examine allegations of "various forms of misconduct" by Willis, an elected Democrat, during her prosecution of Trump and others over their efforts to overturn the former president’s 2020 election loss in Georgia.

The resolution creating the committee focused in particular on Willis’ hiring of Wade to lead the prosecution against Trump and others. The resolution said the relationship amounted to a "clear conflict of interest and a fraud upon the taxpayers" of the county and state.

Barnes argued that the Senate committee did not have the power to subpoena her. He also argued that the subpoenas were overly broad and not related to a legitimate legislative need, saying the committee is seeking confidential and privileged information, as well as private and personal information.

RELATED: Timeline: Fulton County DA Fani Willis, Nathan Wade controversy

Willis’ challenge was pending in mid-September when she skipped a hearing during which the committee members had hoped to question her.

In October, the committee asked Ingram to require Willis to comply with the subpoenas. The committee’s lawyers wrote in a court filing that Willis’ failure to do so had delayed its ability to finish its inquiry and to provide recommendations for any legislation or changes in appropriations that might result.

Fulton County Superior Court Judge Scott McAfee ruled in March that Willis’ actions showed a "tremendous lapse in judgment," but he did not find a conflict of interest that would disqualify Willis. He said she could continue her prosecution as long as Wade stepped aside, which he did.

Willis and Wade have acknowledged the relationship but have said it began after he was hired and ended before the indictment against Trump was filed.

Republicans plan to continue investigative committee

One wrinkle in the proceedings is that the current Georgia legislative term will end when lawmakers are sworn in for their new term on Jan. 13. However, Republican state Sen. Greg Dolezal of Cumming said last week that he will file legislation to reestablish the committee at the beginning of the 2025 legislative session.

"Despite our committee’s lawful subpoena, DA Willis has refused to testify," Dolezal said in a statement. "This, coupled with troubling revelations of apparent violations of Georgia’s open records laws, paints a disturbing picture of an office operating as though it is above the law. This behavior undermines public trust and raises serious questions about the integrity of her office."

Republican Lt. Gov. Burt Jones said he would support Dolezal’s move, saying Willis’ "refusal to come before the committee is unacceptable and addressing these issues to require accountability will be a priority for the Senate."