State senator says DA Willis 'stonewalled' committee; attorney says subpoena in 'bad faith'

ATLANTA - Fulton County District Attorney Fani Willis asked the Georgia Supreme Court on Tuesday to throw out a subpoena requiring her to testify before a state Senate investigative committee, arguing the panel no longer has the legal authority to compel her appearance.

DA Fani Willis' subpoena fight

The backstory:

The dispute centers on a subpoena from the Georgia Senate Special Committee on Investigations, which is reviewing misconduct allegations tied to the prosecution by Fani Willis of the 2020 election-interference case brought against then-President Donald J. Trump and multiple co-defendants.

The case, which alleged racketeering and other charges in connection with efforts to overturn Georgia’s 2020 results, was dismissed last month after post-indictment developments.

FOX 5 Atlanta reporting first detailed accusations that District Attorney Fani Willis had a personal relationship with special prosecutor Nathan Wade, prompting defense attorneys in the Trump election case to seek her disqualification.

RELATED: Timeline: Fulton County DA Fani Willis, Nathan Wade controversy

Legislative interest intensified as court filings revealed Wade’s county-funded travel with Willis, leading the Georgia Senate to launch a Special Committee on Investigations to examine possible misuse of public money and other alleged misconduct.

The committee issued its initial subpoena in spring 2024, but Willis refused to appear, arguing the panel lacked constitutional authority. The standoff escalated as senators voted to enforce the subpoena and sought court intervention, while Willis accused lawmakers of political retaliation. FOX 5 covered several hearings where committee members said they needed her testimony to determine whether ethics rules were violated and whether state law should be updated.

By late summer, the Senate announced plans to reissue the subpoena, and the dispute continued even after the election-interference case was dismissed in November. That dismissal, along with Willis’ former relationship with Wade, became central to the committee’s renewed push for answers and set the stage for the Superior Court ruling that Willis is now appealing.

Meanwhile, the underlying election-interference prosecution collapsed in November when the case was dismissed, raising new questions about costs to Fulton County under a state law that allows defendants to seek reimbursement of legal fees if a prosecutor is disqualified. 

The subpoena fight has continued despite the dismissal, with Senate leaders insisting their investigation must determine whether misconduct occurred and whether changes to state law are needed.

PREVIOUS STORIES

• Fulton DA Fani Willis agrees to testify before Georgia Senate panel
• Georgia Supreme Court to hear Fani Willis subpoena dispute
• Georgia Senate committee pushes for subpoena enforcement in DA Willis probe
• DOJ subpoenas Fulton County DA Fani Willis' travel records, NYT reports
• Georgia Senate committee to reissue subpoena for DA Fani Willis in Trump election probe

DA Willis attorney on subpoena: ‘It is in bad faith'

What they're saying:

During oral arguments on Tuesday morning, Willis’ attorney, former Georgia Gov. Roy Barnes, argued before the court that the subpoena should be invalidated because the committee lacks the legal authority to compel testimony. Barnes contended that the legislative session has already adjourned, that the committee’s demands violate separation of powers, and that the subpoena is overly broad.

Barnes also accused lawmakers of attempting to embarrass the district attorney, calling the effort politically motivated and tied to media scrutiny surrounding Willis’ reported personal relationship with former special prosecutor Nathan Wade.

"She had a romantic relationship with her assistant. Well, let me tell you something, if they disqualify every member of the General Assembly that has a romantic relationship with a secretary or a lobbyist, you're not going to be able to have a quorum next session," Barnes said.

Barnes maintains that the investigation is fueled by politics. 

"You've got three people on this committee running for statewide office, and they're putting out fundraising, says we're going to go after Fani Willis," Barnes stated, "and you need to send me $100.  I mean, that's ridiculous. It is in bad faith. It should never have happened."

RELATED: Georgia election interference case against Trump dismissed

State senators say DA Willis was ‘stonewalling’ committee

The other side:

State Sen. Bill Cowsert, who chairs the investigative committee, disputes that position. He says Willis is effectively asking the state’s highest court to issue an advisory ruling that would place new limits on the Georgia Constitution.

Republican state Sen. Greg Dolezal serves on the state Senate committee that subpoenaed Willis. He responded to news that the DA plans to appear before the committee next week as he left the courthouse.

"We wouldn't need to be here at all. If the DA had not been stonewalling the committee for a year and a half," said Dolezal. "Finally, after a year and a half of hiding, DA Willis will appear before the committee on December 17. And we look forward to getting to the bottom of what exactly happened in her case against the fellow Georgians and the President."

Dolezal, who is running for lieutenant governor, and other critics insist they are solely investigating whether Willis crossed ethical lines. 

"This is about fairness in the legal system," Dolezal insisted.  "This is not about partisan politics, although it may have been in its genesis for the district attorney. But our review of this from the very beginning is to ensure that we were able to investigate the allegations and that we could adjust state law if necessary, if the allegations were true, to ensure that never happened again."

DA Willis to testify under Gold Dome

What's next:

Fulton County DA Willis is scheduled to appear before the Senate committee at the state Capitol on December 17.