Fulton County Judge Rachel Krause denied a request to dismiss a lawsuit related to open records requests aimed at Fulton County District Attorney Fani Willis and her office. However, Judge Krause granted a motion to exempt Willis from the lawsuit in her individual capacity, allowing her to remain involved in her official role as district attorney. The lawsuit, initiated by Ashleigh Merchant—who represents co-defendant Michael Roman in the case against former President Donald Trump and his associates—claims that the district attorney’s office did not provide requested documents in a timely manner, as mandated by the Georgia Open Records Act.
Adding to the case, Merchant has accused Willis of withholding records related to a media monitoring firm allegedly funded by taxpayer money. In response, Krause has scheduled an evidentiary hearing to determine the existence and extent of the requested documents, as reported by 11Alive. Attorneys also plan to subpoena individuals involved in handling the open records requests within Willis’s office to gather more comprehensive evidence. “The judge clearly agreed with the defense that the actions of Willis are a result of her poor judgment,” Merchant said earlier in the year.
In early January, the Trump case faced turmoil when Merchant revealed in a court filing that the Willis and another prosecutor she hired, Nathan Wade, had a personal relationship. The disclosure led to a series of hearings where the prosecutors were required to testify, undergoing intense scrutiny of their relationship and financial transactions. As a result, the case is currently at a standstill.
Last week, a hearing took place to decide whether Willis 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. Bill Cowsert, an Athens Republican and chair of the Senate committee, asserted 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.
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