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By Aila Slisco
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A judge is considering whether a Republican-led Georgia State Senate committee has the power to subpoena Fulton County District Attorney Fani Willis regarding her prosecution of President-elect Donald Trump.
The Georgia Senate's Special Committee on Investigations subpoenaed Willis earlier this year as part of an investigation into her alleged misconduct, including a romantic relationship with former special prosecutor Nathan Wade, while prosecuting the Trump case. In August 2023, Willis indicted Trump and 18 co-defendants on felony election subversion and racketeering charges.
Willis has so far refused to testify, arguing that the "validity of the subpoena" itself is in question while maintaining that the Republican panel is attempting to punish her for daring to prosecute Trump. She has also refused to produce documents and other evidence related to the committee's investigation.
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Fulton County Superior Court Judge Shukura Ingram presided over a hearing on the matter on Tuesday. Roy Barnes, the former Democratic Georgia governor, represented Willis and argued that the committee does not have the automatic power to issue a subpoena despite the state legislature holding subpoena power, according to the Associated Press.
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Lawyer Josh Belinfante, who is representing the Republican lawmakers, argued that no law prohibited the Senate panel from issuing a subpoena. Barnes reportedly told the judge that the committee's subpoena was an illegitimate attempt to "chill the prosecution of Donald Trump and find out what [Willis] had" in terms of evidence.
Newsweek reached out for comment to the office of Willis via email on Tuesday evening.
Belinfante asked Ingram to force Willis to testify before the committee in January and to hand over other evidence requested in the subpoena. Ingram, who noted during a hearing in September that she could block enforcement of the subpoena if Willis can show that it is "improper," said on Tuesday that she would rule on the matter as soon as possible.
A different judge ruled on Tuesday that Willis was in default for failing to comply with court deadlines in a lawsuit regarding a Trump-related open records request from the conservative activist group Judicial Watch. Willis was ordered to conduct a "diligent search" of her records to find the requested documents.
Former federal prosecutor Neama Rahmani previously told Newsweek that while Willis could be forced to comply with the state Senate committee's subpoena due to a court order, "these sorts of legislative subpoenas are generally void because of the separation of powers."
Willis' refusal to comply with the subpoena has outraged some of Trump's most outspoken supporters, with Georgia Congresswoman Marjorie Taylor Greene asserting that her "defiance is absolutely unacceptable" and calling for her arrest in a September post to X, formerly Twitter.
The Trump case is currently on hold in Georgia, pending an appeal. The president-elect's victory in last month's election and his upcoming inauguration have put the future of the case in further doubt due to questions about whether a state can prosecute a sitting president.
Update 12/03/24 6:51 p.m. ET: This article has been updated with additional information.
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