Fulton County District Attorney Fani Willis defied a Georgia Senate subpoena on Sept. 13, skipping a hearing where she was compelled to testify about her conduct.
The state Senate’s Special Committee on Investigations subpoenaed Willis in August for her testimony and all documents related to her relationship with former special prosecutor Nathan Wade.
The panel is probing several allegations against the district attorney, including claims of an improper relationship with Wade, misuse of public funds, and prosecutorial misconduct. But when it came time for Willis to testify on those matters, she didn’t show.
“Let’s please note for the record that Ms. Willis has failed to appear in compliance with the subpoena and has failed to produce documents requested by our subpoena for the production of documents,” said Republican state Sen. Bill Cowsert, chairman of the committee.
The committee instead heard testimony from legislative counsel Stuart Morelli and David Cook, the former secretary of the state Senate, on whether its investigation and subpoenas were valid.
Morelli advised that it was “a near-universal finding” of the nation’s courts that legislative bodies and committees have investigative power.
Cook agreed with that assessment. He added that, by law, the state Senate has the constitutional authority to enforce subpoenas through contempt proceedings or judicial enforcement.
While that discussion took place, Willis was in Washington, participating in a panel discussion hosted by Rep. Jasmine Crockett (D-Texas) on “Fighting in the Age of MAGA.” An advertisement for the panel that Willis shared via social media said it would focus on “fighting in the current politically violent climate.”
The event was part of the Congressional Black Caucus Foundation’s Annual Legislative Conference.
Willis’s office did not respond to a request for comment by press time.
Willis tried to block the Senate’s subpoenas by filing for an injunction last week. That effort was stymied when three Superior Court judges recused themselves from her case. Among them was Judge Scott McAfee, the presiding judge in Willis’s 2020 election interference case against former President Donald Trump.
Trump is appealing Willis’s role in prosecuting the case, citing the various misconduct allegations she is facing. That matter will not be heard in court until Dec. 5, about a month after the presidential election.
If Willis remains on the case, she will be seeking Trump’s conviction on fewer charges than she initially planned. On Sept. 12, McAfee dismissed two charges concerning the alleged filing of false documents in federal court, finding that Willis lacked the authority to bring those counts.
McAfee also removed three other counts in March. The latest reduction brings the total number of charges Trump is fighting in the case down to eight.
Sam Dorman contributed to this report.
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