Court rules DA Fani Willis can be subpoenaed over Trump election case

A judge has ruled that the Georgia state Senate can subpoena Fulton County District Attorney Fani Willis as part of an inquiry into whether she engaged in misconduct during her prosecution of President-elect Donald Trump.

But Ms Willis has been given the chance to contest whether politicians’ demands are overly broad.

Fulton County Superior Court judge Shukura Ingram filed the order on Monday, telling Ms Willis she has until January 13 to submit arguments over whether the subpoenas seek legally shielded or confidential information.

Judge Ingram wrote that the court would issue a final order later saying what Ms Willis had to respond to.

Ms Willis, though, wants the ruling overturned.

“We believe the ruling is wrong and will appeal,” former Georgia governor Roy Barnes, who is representing Ms Willis in the case, wrote in an email to The Associated Press.

A state appeals court earlier this month removed Ms Willis from the Georgia election interference case against Donald Trump and others, citing an “appearance of impropriety” that might not typically warrant such a removal.

The Georgia Court of Appeals panel said in a 2-1 ruling that because of the romantic relationship Ms Willis had with special prosecutor Nathan Wade “this is the rare case in which disqualification is mandated and no other remedy will suffice to restore public confidence in the integrity of these proceedings”.

Ms Willis’s office immediately filed a notice of intent to ask the Georgia Supreme Court to review the decision.

The Republican-led Senate committee sent subpoenas to Ms Willis in August seeking to compel her to testify during its September meeting and to produce scores of documents.

The committee was formed earlier this year to examine allegations of “various forms of misconduct” by Ms Willis, an elected Democrat, during her prosecution of Mr Trump and others over their efforts to overturn the former president’s 2020 election loss in Georgia.

The resolution creating the committee focused in particular on Ms Willis’ hiring of Mr Wade to lead the prosecution against Mr Trump and others.

The resolution said the relationship amounted to a “clear conflict of interest and a fraud upon the taxpayers” of the county and state.

Mr Barnes, Ms Willis’s lawyer, argued that the Senate committee did not have the power to subpoena her.

He also argued that the subpoenas were overly broad and not related to a legitimate legislative need, saying the committee is seeking confidential and privileged information, as well as private and personal information.

Ms Willis’s challenge was pending in mid-September when she missed a hearing during which the committee members had hoped to question her.

In October, the committee asked Mr Ingram to require Ms Willis to comply with the subpoenas.

The committee’s lawyers wrote in a court filing that Ms Willis’s failure to do so had delayed its ability to finish its inquiry and to provide recommendations for any legislation or changes in appropriations that might result.

Fulton County Superior Court judge Scott McAfee ruled in March that Ms Willis’s actions showed a “tremendous lapse in judgment” but he did not find a conflict of interest that would disqualify Ms Willis. He said she could continue her prosecution as long as Mr Wade stepped aside, which he did.

Ms Willis and Mr Wade have acknowledged the relationship but have said it began after he was hired and ended before the indictment against Mr Trump was filed.

One wrinkle in the proceedings is that the current Georgia legislative term will end when lawmakers are sworn in for their new term on January 13.

However, Republican state senator Greg Dolezal said last week that he will file legislation to re-establish the committee at the beginning of the 2025 legislative session.

“The law is clear, and the ruling confirms what we knew all along,” Mr Dolezal said.

“Judge Ingram rejected every argument made by Willis in her attempt to dodge providing testimony to the committee under oath. I look forward to DA Willis honouring the subpoena and providing documents and testimony to our committee.”