State Senate can’t subpoena Fulton prosecutor Fani Willis to testify in hearings, lawyer says – WSB-TV Channel 2

FULTON COUNTY, Ga. – Fulton County District Attorney Fani Willis is fighting a state Senate committee subpoena to testify.

Channel 2’s Richard Elliot Learned that whether or not she has to testify could depend on how a judge interprets Georgia’s constitution.

This is the first time in the more than 200 years of the Georgia General Assembly that the question of whether or not a district attorney can be subpoenaed has been raised.

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Willis’ attorney, former Gov. Roy Barnes, says the state Senate has no legal authority to call Willis or anyone else as a witness.

State Sen. Bill Cowsert wants Willis to come before his committee to question her prosecution of President-elect Donald Trump and others. He also has questions about her romantic relationship with former special prosecutor Nathan Wade.

Barnes accused the entire investigation of being politically motivated and trying to see what evidence she had against then-former President Trump.

“This is not a legitimate legislative purpose. This is nothing more than a farce,” Barnes said. “But you can’t use the threat of contempt to force and punish someone for failing to comply with a subpoena because they don’t have the authority to issue a subpoena after the General Assembly.”

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Josh Belinfante, a lawyer for the state Senate, argued that the Constitution does not specifically prohibit the committee from issuing a subpoena, so it is possible.

“It is understood that the General Assembly can decide unless the Constitution provides otherwise,” Belinfante said. “The legislature has the power to investigate; That’s the power it wields.”

Willis did not appear in court Tuesday.

The judge didn’t make a decision but said she would soon.

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