A Fulton County judge is deciding whether District Attorney Fani Willis has to comply with a subpoena issued by a Georgia Senate subcommittee investigating her alleged misconduct during her prosecution of former President Donald Trump.
The subpoena, issued in August, called on Willis to turn over dozens of documents related to the prosecution and to testify in front of the Senate committee, potentially impacting the election interference case that Trump is seeking to have dismissed.
Fulton County Superior Court Judge Shukura L. Ingram heard from Willis’ attorney, former Georgia Gov. Roy Barnes, and Josh Belinfante, the attorney for the Senate subcommittee, on Tuesday. She will have to address whether subcommittees — like the one investigating Willis — have the power to issue subpoenas and hold anyone defying them in contempt.
Willis’ attorney, who filed the petition on her behalf, argued first that the Senate subcommittee did not have the power to issue the subpoena without a joint resolution or statute passed by both houses of the state legislature.
“They had no power to issue a subpoena after the General Assembly had adjourned,” Barnes told the judge.
He further clarified that since the legislative session had ended, any subpoena issued by the subcommittee did not have the “compulsive power of the state,” and Willis therefore could not be held in contempt.
Belinfante contended that Willis needs to show that there are no circumstances where the subpoena would be valid in order for the judge to deny it.
“It is presumed that the General Assembly can act unless the constitution prohibits it from doing so,” Belinfante said.
However, Barnes also cited the 2020 U.S. Supreme Court case, Trump v. Mazars USA, where the court held that due to separation of powers, Congress as a legislative branch could not subpoena financial records belonging to the former president to conduct a criminal investigation.
In that case, the court held that Congress must have a legislative purpose and could not issue a subpoena for law enforcement purposes.
Barnes questioned why Willis was the only DA to be subpoenaed by the subcommittee when former Glynn County DA Jackie Johnson is facing criminal charges for interfering with the police investigation into the 2020 murder of Ahmaud Arbery.
Willis challenged the subcommittee’s subpoena earlier this year via an injunction, which, due to three judges recusing themselves, was still pending when she skipped a hearing in September. Ingram denied Willis’ request for an injunction shortly afterward.
Willis also declined to turn over the large number of documents requested related to her romantic relationship with Nathan Wade — who resigned from his role as special prosecutor on the case due to a judge’s ruling — and her office’s investigation into the allegations of election interference by Trump.
Barnes argued on Tuesday that the subcommittee was attempting to embarrass Willis by further probing into her relationship with Wade.
“This is not a legitimate legislative purpose,” he said. “This is a charade.”
Ingram said she will deliberate and make her ruling as quickly as possible, however, because there is no legal precedent for this issue in Georgia case law, it could take weeks for a final decision.
Willis’ case against Trump is on hold while lawyers for the defense appeal the decision to allow Willis to remain on the case.
