Georgia lawmakers investigating potential abuse of power by Fulton County District Attorney Fani Willis are now calling for her arrest after the anti-Donald Trump prosecutor disregarded their latest legal order. The investigation into Willis was initiated last year following Governor Brian Kemp’s decision to renew a commission responsible for overseeing state prosecutors and removing them if they violate their oath.
Critics argue that this move is a retaliatory action against Willis for her ongoing prosecution of Trump. The controversy intensified last week when Willis failed to comply with a subpoena to testify about her case. Instead, she sent two senior deputies who argued for the importance of prosecutorial independence and maintained that the Trump case is not politically motivated.
Newsweek reported that the Georgia Senate’s Special Committee on Investigations is investigating Willis over “allegations of misconduct…relating to potential conflicts of interest and misuse of public funds, to enact new or amend existing laws and/or change state appropriations to restore public confidence in the criminal justice system.” The State Senate committee directed Fani Willis to provide “sworn testimony,” but she defied the order by traveling to Washington, D.C. for a fundraiser. A court battle is now set to determine whether Willis had a legal justification for ignoring the subpoena.
Democratic former Georgia Gov. Ray Barnes, who is representing Willis in the probe, said she “will not appear until there has been a judicial determination of the validity of the subpoena.” Former federal prosecutor Neama Rahmani previously told Newsweek, “These sorts of legislative subpoenas are generally void because of the separation of powers.” However, GOP lawmakers, including Rep. Marjorie Taylor Greene (R-GA), disagree, noting that former Trump administration officials like Steve Bannon and Peter Navarro were convicted in federal court after ignoring congressional subpoenas.
“Fani Willis thinks she is above the law, defying a subpoena from the Georgia State Senate today. Her defiance is absolutely unacceptable. There are very serious questions regarding various potential forms of misconduct,” the conservative Republican wrote on X. “This investigation is all the more urgent considering her political persecution of the leading candidate for President. Fani Willis is NOT above the law.” In a second post, she added, “Fani Willis should be arrested for ignoring her subpoena.”
Fani Willis thinks she is above the law, defying a subpoena from the Georgia State Senate today.
Her defiance is absolutely unacceptable. There are very serious questions regarding various potential forms of misconduct.
This investigation is all the more urgent considering her…
— Marjorie Taylor Greene ?? (@mtgreenee) September 13, 2024
Under Georgia law, defying a legislative subpoena can lead to contempt of court charges, a fine of up to $300, and up to 20 days in jail. Willis has publicly criticized the investigation, stating in May that she would not comply with the subpoena. “I don’t even think they have the authority to subpoena me, but they need to learn the law,” she said, adding, “I will not appear to anything that is unlawful, and I have not broken the law in any way.”
In Willis’ absence during the 90-minute session last week, the committee heard from two witnesses who testified that the panel has the legal authority to issue the subpoena and can compel the district attorney to testify if she refuses to appear voluntarily. Republican State Sen. Bill Cowsert, who chairs the committee, said at the start of the hearing, “we have subpoenaed Fani Willis to testify … she is defying her subpoena and not appearing.” He added, “But we will welcome her if she appears at some point during the meeting,” before proceeding with the hearing to address other issues and hear from different witnesses.
Willis has faced significant controversy since the beginning of her trial last year. A co-defendant’s attorney revealed that she had been involved in a romantic relationship with a subordinate who was hired and paid $700,000 over two years to work on the Trump investigation. Although the subordinate, Nathan Wade, resigned under court order, the scandal surrounding Willis has continued. Trump’s attorneys are seeking to dismiss the case, alleging prosecutorial misconduct. They claim that Willis, who is black, has shown racial bias against Trump due to his mockery of her first name during campaign events.
Disclaimer: This article may contain commentary which reflects the author’s opinion.