A special Georgia state Senate committee that had subpoenaed Fulton County District Attorney Fani Willis with plans to question her about alleged misconduct related to her election case against former President Donald Trump was unable to do so because she didn’t show up. The committee, led by Republicans, was formed earlier this year to investigate allegations of misconduct by Willis in her prosecution of Trump and others over their efforts to overturn the 2020 election results in Georgia. Despite Willis’ absence, the committee heard from legal experts who affirmed their authority to use subpoenas to compel witnesses to appear and produce documents.
Committee chairman, Sen. Bill Cowsert, noted Willis’ absence at the beginning of the hearing and expressed disappointment that she failed to comply with the subpoena. The committee has hired outside legal counsel to assist in enforcing the subpoena. Among the alleged misconduct being investigated is Willis’ hiring of special prosecutor Nathan Wade, with whom she had a romantic relationship, to lead the prosecution against Trump. Willis and Wade have acknowledged the relationship but maintained that it began after he was hired and ended before the indictment against Trump was filed. The committee has contended that the relationship created a conflict of interest.
Democratic committee member Sen. Harold Jones II criticized the committee as politically motivated and accused them of serving the interests of former President Trump. He suggested that lawmakers should focus on more pressing issues important to Georgians. The committee has issued subpoenas to Willis demanding documents related to the hiring and payment of Wade, as well as communications between the two and their interactions with other government entities regarding the 2020 election. Willis’ lawyers, including former Georgia Gov. Roy Barnes, have argued that the subpoenas are overbroad and seek privileged and confidential information not relevant to the investigation.
The case against Willis and Wade involves allegations of a conflict of interest, with Trump and other defendants arguing that their relationship compromises the prosecution. A Fulton County Superior Court judge ruled that while there was a lapse in judgment, there was no conflict of interest that would disqualify Willis. The ruling has been appealed to the Georgia Court of Appeals, which is set to hear arguments in December. The fight over the subpoenas issued by the committee is playing out in court, with Willis’ legal team challenging their validity and seeking to prevent enforcement.
Willis’ lawyers have asked the court to declare the subpoenas void and prohibit the committee from pursuing or enforcing them. They argue that the subpoenas exceed the committee’s authority and violate the separation of powers outlined in the state constitution. The committee’s legal team contends that the subpoenas are within their authority and have asked the court for assistance in enforcing them. The judge presiding over the case has indicated that she will rule soon on the matter. Regardless of the outcome, it is likely that the dispute over the subpoenas will continue to be litigated in court.
