Fani Willis suffers another loss of rights in dispute over summons

Fulton County District Attorney Fani Willis has lost a legal battle to compel her to testify before Republican lawmakers in Georgia who accuse her of misconduct in the prosecution of former President Donald Trump.

In an order filed Monday, Fulton County Superior Court Judge Shukura Ingram denied on technical grounds an emergency motion by Willis to block the execution of a subpoena to testify before the Georgia Senate Special Investigative Committee.

The Republican-controlled committee is investigating Willis on “allegations of misconduct … involving potential conflicts of interest and misuse of public funds” in connection with her indictment of Trump and 18 co-defendants on charges of serious election interference and organized crime.

A lawyer for Willis had previously stated that the district attorney would not comply with the request “until there is a judicial decision on the validity of the subpoena.” Ingram's decision to deny the emergency motion was not a decision on the validity of the subpoena itself.

Instead, the judge argued that the deadline set in the subpoena had already passed, while noting that the committee had taken “no action to enforce” the subpoena and suggesting that Willis had made the wrong request.

“This is no longer an emergency,” Ingram wrote. “The motion is denied because there is no emergency and the proper process for challenging a subpoena is a motion to quash.”

The judge also noted that she had the authority to block the execution of a subpoena should the committee attempt to do so and Willis be able to “show that doing so would be impermissible for any reason.”

Newsweek asked Willis' office for comment via email Tuesday evening.

Under the Georgia Code of 2023, failure to comply with a subpoena can result in punishment for contempt of court. If the subpoena is executed and Willis continues to ignore it, she could be fined up to $300, jailed for up to 20 days, or both.

Former federal prosecutor Neama Rahmani previously said Newsweek that although the subpoena was enforceable, “such legislative subpoenas are generally invalid due to the separation of powers.”

Willis' criminal case against Trump is on hold in part because she has appealed a March decision that allowed her to continue working on the case despite allegations of misconduct related to her relationship with former lead prosecutor Nathan Wade.

The arguments are scheduled to be heard in an appeals court in the US state of Georgia in December. However, if Trump wins the presidential election in November, the lawsuit could be dismissed entirely.

Trump, who was found guilty in New York in May on 34 unrelated charges, denies any wrongdoing and claims he is the victim of a “weaponization” of the justice system and a “witch hunt” by his political opponents.

The former president has also vowed to use the legal system to exact revenge on his opponents. This month he promised to sentence groups he believes are responsible for President Joe Biden's 2020 election victory – including people who donated to Democrats – to “lengthy prison sentences.”