A Georgia judge is deliberating whether the Republican-led Georgia State Senate committee has the authority to subpoena Fulton County District Attorney Fani Willis regarding her prosecution of President-elect Donald Trump.
The Senate's Special Committee on Investigations issued a subpoena to Willis earlier this year, alleging misconduct, including an alleged romantic relationship with former special prosecutor Nathan Wade, during her handling of the Trump case. In August 2023, Willis indicted Trump and 18 others on charges of felony election subversion and racketeering.
Willis has refused to testify, disputing the subpoena's validity and accusing the Republican-led panel of seeking to penalize her for prosecuting Trump. She has also declined to provide documents and evidence requested by the committee.
The matter was heard by Fulton County Superior Court Judge Shukura Ingram, with former Georgia Governor Roy Barnes representing Willis. Barnes argued that while the state legislature has subpoena power, the committee itself does not have automatic authority to issue such subpoenas. Attorney Josh Belinfante, representing the Republican lawmakers, countered that no law explicitly forbids the panel from issuing a subpoena. Barnes called the subpoena an illegitimate effort to interfere with the prosecution and uncover evidence in the Trump case.
Belinfante urged Judge Ingram to compel Willis to testify in January and comply with the subpoena’s demands. Ingram noted that she could block the subpoena’s enforcement if it is deemed improper and pledged to rule on the matter soon.
Separately, another judge ruled that Willis was in default for failing to meet court deadlines in a lawsuit related to a Trump-related open records request by Judicial Watch. She was ordered to conduct a thorough search of her records to locate the requested documents.
Legal experts have weighed in on the controversy. Former federal prosecutor Neama Rahmani told *Newsweek* that legislative subpoenas like this are often invalid due to the principle of separation of powers, but court orders could still enforce compliance. Meanwhile, criticism from Trump allies has intensified. Congresswoman Marjorie Taylor Greene labeled Willis’ refusal to comply as “absolutely unacceptable” and called for her arrest in a social media post.
The Trump case in Georgia is currently paused pending an appeal. The president-elect’s recent election victory and upcoming inauguration have further complicated the case, raising constitutional questions about prosecuting a sitting president.
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