Georgia lawmakers can subpoena Fani Willis for information related to Trump case, court rules

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DA Fani Willis disqualified from Georgia Trump case

UC Berkeley Law professor John Yoo joined 'America's Newsroom' to discuss his reaction to Willis' disqualification and what it means for Trump politically moving forward. 

A Georgia judge has ruled that state lawmakers can subpoena Fulton County District Attorney Fani Willis as part of an inquiry into whether she engaged in misconduct during her prosecution of President-elect Donald Trump.

In his Dec. 23 order, Fulton County Superior Court Judge Shukura Ingram gave Willis until Jan. 13 to file a list of claimed privileges and objections to anything that has been subpoenaed.

Willis plans to appeal the decision. 

"We believe the ruling is wrong and will appeal," former Georgia Gov. Roy Barnes, who is representing Willis in the case, wrote in an email to The Associated Press.

GEORGIA APPEALS COURT DISQUALIFIES DA FANI WILLIS AND HER TEAM FROM TRUMP ELECTION INTERFERENCE CASE

Fulton County District Attorney Fani Willis is seen in Atlanta.  (Alyssa Pointer, Getty Images)

Earlier this month, an appeals court removed Willis from the Georgia election interference case against Trump and others, citing an "appearance of impropriety." The panel also cited the romantic relationship between Willis and special prosecutor Nathan Wade.

"This is the rare case in which disqualification is mandated and no other remedy will suffice to restore public confidence in the integrity of these proceedings," the court said. 

At the time, Trump called the case a "disgrace to justice."

"It was started by the Biden DOJ as an attack on his political opponent, Donald Trump," he said, "They used anyone and anybody, and she has been disqualified, and her boyfriend has been disqualified, and they stole funds and went on trips." 

President-elect Donald Trump points at AmericaFest, Sunday, Dec. 22, 2024, in Phoenix. On Monday, Trump pledged to have the Justice Department pursue the death penalty following President Biden's move to commute death sentences for 37 inmates.  (AP Photo/Rick Scuteri)

In August, the Republican-led Senate committee sent subpoenas to Willis seeking to compel her to testify in September. She skipped a hearing that month when lawmakers hoped to question her. 

The committee was formed to examine misconduct allegations against Willis during her prosecution of Trump over efforts to overturn the former president’s 2020 election loss in Georgia.

FANI WILLIS WAS 'TERRIFIED' BECAUSE HER CASE AGAINST TRUMP WAS 'WEAK,' ATTORNEY SAYS

Fulton County, Georgia District Attorney Fani Willis and special prosecutor Nathan Wade.  (Getty Images)

Barnes, Willis’ attorney, argued the subpoenas were overly broad and not related to a legitimate legislative need and that the Senate committee didn't have the power to subpoena her in the first place. 

One issue raised is that the Georgia legislative term will end when lawmakers are sworn in for their new term on Jan. 13. Republican state Sen. Greg Dolezal said last week that he plans to file legislation to re-establish the committee at the beginning of the 2025 legislative session.

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"The law is clear, and the ruling confirms what we knew all along," Dolezal wrote in a text Friday. "Judge Ingram rejected every argument made by Willis in her attempt to dodge providing testimony to the committee under oath. I look forward to D.A. Willis honoring the subpoena and providing documents and testimony to our committee."

The Associated Press contributed to this report.