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DA Fani Willis Could Face Court Action After Defying Subpoena

By Updated: NATION

Ashleigh Merchant, an attorney representing one of Trump’s co-defendants in Fulton County District Attorney Fani Willis’ contentious racketeering case related to Trump’s 2020 election objections, has filed a new motion for contempt of court against Willis. The motion, first reported by legal analyst Phil Holloway, alleges that Willis has failed to comply with a subpoena requiring her to testify at an evidentiary hearing scheduled for September 19, 2024. Merchant’s motion also demands that Willis be held in contempt if she does not comply with the subpoena by the specified deadline.

“According to social media posts, as of September 17, 2024, Ms. Willis was in Los Angeles, California attending fundraising events for her re-election campaign,” the motion continues, noting that Willis appears to have no intention of showing up for a September 19 hearing. “Counsel for Ms. Willis indicated yesterday that Ms. Willis did not intend to appear for the hearing, but that she might be willing to appear by Zoom if Plaintiff would agree.”

Although the plaintiff was amenable to a Zoom hearing, attorneys inquired about the timing of Willis’ travel arrangements and requested details on the nature of her trip and her inability to attend the hearing. Willis’ legal team responded by confirming that Willis would not be attending the hearing, either in person or via Zoom. “Ms. Willis is under lawful subpoena, and she has not filed a motion to quash, nor could she. She is simply flouting this Court’s lawful process, apparently intent on playing a game of chicken with the Court,” the motion states.

Meanwhile, some Georgia lawmakers investigating potential abuse of power by Willis are now calling for her arrest after the anti-Trump prosecutor disregarded this latest legal order. The investigation into Willis was initiated last year following Gov. Brian Kemp’s decision to renew a commission responsible for overseeing state prosecutors and removing them if they violate their oath. 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.

“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,” Rep. Marjorie Taylor Greene (R-Ga.) 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.” 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.

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