A hearing scheduled for Thursday to decide whether Fani Willis, the lead prosecutor in the Georgia election interference case against former President Donald Trump, must comply with a subpoena from a state Senate committee was abruptly postponed, Courthouse News reported. Fulton County Superior Court faced difficulties finding a judge to preside over the matter, as each judge recused themselves due to concerns over potential biases. This issue may stem from Willis’s role as the county’s district attorney or her representation by former Democratic Governor Roy Barnes.
Barnes has not yet commented on when the hearing will be rescheduled. Willis was expected to argue against being held in contempt for not complying with the subpoena from the Republican-led Special Senate Committee on Investigations. This committee, formed in January, has targeted Willis amid efforts by nine defendants, including Trump, to have her removed from the election interference case, the outlet said.
The defendants have sought to disqualify Fani Willis due to her personal relationship with Nathan Wade, the former special counsel appointed to the case. They argue that this relationship constitutes a conflict of interest and accuse Willis of misusing public funds and benefiting personally from trips taken with Wade. Bill Cowsert, an Athens Republican and chair of the Senate committee, asserts that his panel has the legal authority to compel Willis to testify. The subpoena demands that Willis produce a broad range of documents, including texts, emails, cell phone records, and any financial transactions between her and Wade dating back to 2019.
Willis argues the sought documents are privileged and would harm the ongoing prosecution. In a filing Wednesday, she noted that “multiple members of the Committee have signed onto the false theory that Georgia’s 2020 presidential election results were fraudulent.” Willis also said no committee members had sought permission from a Fulton County judge to issue, serve or enforce such subpoenas. “The subpoenas lack a legitimate legislative purpose and are intended to punish,” she wrote, per Courthouse News.
The panel has already heard from Fulton County officials responsible for allocating local funding, as well as from Ashleigh Merchant, attorney for Trump’s co-defendant Mike Roman, who spearheaded the effort to disqualify Willis. Additionally, Amanda Timpson, a former employee, testified that Willis retaliated against her for raising concerns about the misuse of funds intended for a youth empowerment and gang prevention center.
In March, Judge Scott McAfee ruled that the defendants did not provide sufficient evidence to disqualify Willis based on her relationship with Wade. However, the judge did acknowledge an “appearance of impropriety,” which led to Wade’s withdrawal from the case.