Skip to Content Facebook Feature Image

Judge weighs whether to order Fani Willis to comply with lawmakers' subpoenas over Trump case

News

Judge weighs whether to order Fani Willis to comply with lawmakers' subpoenas over Trump case
News

News

Judge weighs whether to order Fani Willis to comply with lawmakers' subpoenas over Trump case

2024-12-04 08:20 Last Updated At:08:30

ATLANTA (AP) — A judge is weighing whether a Georgia state Senate committee has the right to subpoena testimony and documents from Fulton County District Attorney Fani Willis as it looks into whether she has engaged in misconduct during her prosecution of President-elect Donald Trump.

The Republican-led committee sent subpoenas to Willis in August seeking to compel her to testify at its September meeting and to produce scores of documents. The committee was formed earlier this year to examine allegations of “various forms of misconduct” by Willis, an elected Democrat, during her prosecution of Trump and others over their efforts to overturn the former president’s 2020 election loss in Georgia.

That prosecution of the president-elect is currently on hold pending a pretrial appeal of an order allowing Willis to remain on the case despite what defense attorneys say is a conflict of interest. Even if the appeals court rules in Willis' favor, it seems unlikely she will be able to continue the case against Trump while he's in office.

Willis' attorney, former Democratic Gov. Roy Barnes, told Fulton County Superior Court Judge Shukura Ingram during a hearing Tuesday that although the Georgia General Assembly has subpoena power, that power is not automatically conferred on a single legislative chamber or its committees. Even if the committee did have such power, he argued, the subpoenas in question are overly broad and not related to a legitimate legislative need.

Barnes said the focus on Willis and her investigation into Trump shows that the committee was politically motivated and not a legitimate inquiry into the practices of district attorneys' offices: “What they were trying to do is chill the prosecution of Donald Trump and find out what they had.”

Josh Belinfante, a lawyer representing the lawmakers, said there is nothing in the Georgia Constitution that prohibits the Senate from issuing a subpoena. The duly formed interim committee is looking into whether new legislation is needed to regulate the practices of district attorneys' offices in the state, he argued.

“They are investigating and making an inquiry into these allegations that may show that existing state laws, including those establishing the processes for selecting, hiring and compensating special assistant district attorneys, are inadequate,” Belinfante said.

The resolution creating the committee focused in particular on Willis’ hiring of special prosecutor Nathan Wade, with whom she had a romantic relationship, to lead the prosecution against Trump and others. It says the relationship amounted to a “clear conflict of interest and a fraud upon the taxpayers” of the county and state.

One of the committee’s subpoenas orders Wills to produce documents related to Wade, including documents related to his hiring and payment, documents related to money or items of value that Wade and Willis may have exchanged, text messages and emails between the two, and their phone records.

The committee also requested any documents her office sent in response to requests from the U.S. House, as well as communications Willis and her office had with the White House, the U.S. Justice Department and the House relating to the 2020 presidential election. And they asked for documents related to federal grant money Willis’ office has received.

Before the deadlines in the subpoenas, Willis challenged them in court. Willis’ challenge was pending in mid-September when she skipped a hearing during which the committee members had hoped to question her.

In October, the committee asked Ingram to require Willis to comply with the subpoenas. The committee’s lawyers wrote in a court filing that Willis’ failure to do so had delayed its ability to finish its inquiry and to provide recommendations for any legislation or changes in appropriations that might result.

Barnes also argued that once the regular legislative session has adjourned, which happened in March this year, legislative committees can meet to study issues and come up with recommendations but do not have the power to compel someone to appear or produce documents. Belinfante rejected that, saying the state Constitution expressly permits the creation of interim committees and allows them to make their rules.

Even if these subpoenas were validly issued, Barnes argued, they ask for too much, including private and personal information that is not a legitimate target of a legislative subpoena.

Belinfante said the lawmakers are simply trying to do their jobs. He asked that Willis be ordered to appear before the committee in early January. He also asked that she be ordered to provide the requested documents and explain what privilege justifies any that are excluded.

With a glaring lack of state case law on the issue of the General Assembly's subpoena power, that's one issue Ingram will have to address. She said she will consider the arguments and release her order as soon as she can.

Willis and Wade have acknowledged that they had a relationship but have said it began after he was hired and ended before the indictment against Trump was filed.

Trump and other defendants argued that the relationship created a conflict of interest that should disqualify Willis and her office from continuing with her prosecution of the case. Fulton County Superior Court Judge Scott McAfee ruled in March that Willis’ actions showed a “tremendous lapse in judgment,” but he did not find a conflict of interest that would disqualify Willis. He said she could continue her prosecution as long as Wade stepped aside, which he did.

An appeal of that ruling to the Georgia Court of Appeals remains pending but must be decided by March.

FILE - Fulton County District Attorney Fani Willis speaks during a news conference, Aug. 14, 2023, in Atlanta. (AP Photo/John Bazemore, File)

FILE - Fulton County District Attorney Fani Willis speaks during a news conference, Aug. 14, 2023, in Atlanta. (AP Photo/John Bazemore, File)

Jewish settlers mounted a string of attacks on Palestinian towns in the occupied West Bank overnight, burning homes and clashing with Israeli troops.

There were no immediate reports of any Palestinian casualties.

The Israeli military said Jewish settlers attacked the village of Beit Furik after troops arrived in the area to dismantle an unauthorized farming outpost they had built nearby. It said the settlers hurled stones, wounding two members of the paramilitary Border Police, and one group entered the village and burned property.

The West Bank has seen a surge in settler violence since the start of the war.

In Lebanon, a tenuous ceasefire between Israel and Hezbollah has held despite Israeli forces carrying out several new drone and artillery strikes on Tuesday, killing a shepherd in the country's south. Israeli Prime Minister Benjamin Netanyahu vowed keep striking “with an iron fist” against perceived Hezbollah violations of the ceasefire.

Hezbollah began launching rockets, drones and missiles into Israel last year in solidarity with Hamas militants who are fighting in the Gaza Strip. The war in Gaza began when Hamas-led militants stormed into southern Israel on Oct. 7, 2023, killing some 1,200 people, mostly civilians, and taking around 250 people hostage.

Israel’s blistering retaliatory offensive has killed at least 44,500 Palestinians, more than half of them women and children, according to Gaza’s Health Ministry, which does not say how many of the dead were combatants. Israel says it has killed over 17,000 militants, without providing evidence.

The war in Gaza has destroyed vast areas of the coastal enclave and displaced 90% of the population of 2.3 million, often multiple times.

Here's the Latest:

BERLIN — A Syrian photographer working for the German news agency dpa was killed by a fighter jet attack near the Syrian city of Hama, dpa reported on Wednesday.

The news agency couldn’t immediately give more details about when 32-year-old Anas Alkharboutli was killed. But the agency’s editor-in-chief, Sven Gösmann, said “all of us at dpa are in shock and infinitely saddened by the death of Anas Alkharboutli.”

“With his pictures he not only documented the horrors of war, he always worked for the truth,” Gösmann said. “In recent days in particular, his photos were seen around the world as he reported on the civil war that flared up again."

Alkharboutli joined dpa as a photographer in the Middle East in 2017. He mainly reported from the Syrian civil war zone.

Alkharboutli’s photography was recognized internationally. In 2020, he received the Young Reporter Trophy of the French Prix Bayeux for war reporting. At the 2021 Sony World Photography Awards, he won the Sports category with a series of images of children training in karate, the news agency said.

BEIT FURIK, West Bank — Jewish settlers mounted a string of attacks on Palestinian towns in the occupied West Bank overnight, burning homes and clashing with Israeli troops.

There were no immediate reports of any Palestinian casualties.

The Israeli military said one group entered the village, where they threw stones and burned property. An Associated Press reporter saw a blackened home and a destroyed car on Wednesday morning.

The military said Jewish settlers attacked the village of Beit Furik after troops arrived in the area to dismantle an unauthorized farming outpost they had built nearby on land privately owned by Palestinians. It said the settlers hurled stones, wounding two members of the paramilitary Border Police.

Settlers also attacked the village of Huwara, which has been the target of several previous attacks — even before the outbreak of the war in Gaza — and clashed with troops near Rujeib, another Palestinian village.

Israeli police and the Shin Bet security agency said in a statement that they were investigating the settler attacks. They said they arrested eight Israelis for suspected property damage and assaulting security forces.

The West Bank has seen a surge in settler violence since the start of the war, which was triggered by Hamas’ Oct. 7, 2023 attack into Israel. Settlers have also raced to establish new farming outposts that rights groups say are among the biggest drivers of the violence.

The UN’s humanitarian office said settler attacks on Palestinian farmers during the recent olive harvest season “at least tripled” in 2024 compared to the last three years.

Israel captured the West Bank, the Gaza Strip and east Jerusalem in the 1967 Mideast war. The Palestinians want all three territories for an independent state.

The West Bank is home to some 3 million Palestinians who live under Israeli military rule, with the Western-backed Palestinian Authority exercising limited autonomy in cities and towns. Some 500,000 Jewish settlers with Israeli citizenship live in more than 100 settlements across the West Bank, many of which resemble suburbs or small towns.

Most of the international community considers the settlements to be illegal and an obstacle to peace.

DEIR AL-BALAH, Gaza Strip — Palestinian medics said an Israeli airstrike on the Gaza Strip killed at least five people, including four children, on Wednesday.

The Awda Hospital, which received the bodies, said the five were gathered outside of shelters in the built-up Nuseirat refugee camp in central Gaza, which dates back to the 1948 war surrounding Israel’s creation.

The hospital said another 15 people, mostly children, were wounded in the strike.

There was no immediate comment from the Israeli military.

The war began when Hamas-led militants attacked southern Israel on Oct. 7, 2023, killing some 1,200 people, mostly civilians, and abducting around 250 people. Some 100 hostages are still inside Gaza, at least a third of whom are believed to be dead.

Israel’s offensive has killed over 44,500 Palestinians in Gaza, mostly women and children, according to the Gaza Health Ministry, which does not say how many were combatants. The Israeli military says it has killed over 17,000 militants, without providing evidence.

JERUSALEM — Israel’s military said Wednesday it had returned the bodies of two militants who crossed into Israel from Jordan in October and shot two soldiers.

The militants entered Israeli territory south of the Dead Sea on Oct. 18, shooting and wounding two soldiers before being shot dead by Israeli troops. Hamas praised the incursion but not claim responsibility for it.

The Israeli military did not release the names of the militants who carried out the attack.

A burnt house following a settler attack that damaged vehicles and houses in the village of Beit Furik, in the occupied West Bank city of Nablus, Wednesday, Dec. 4, 2024. (AP Photo/Majdi Mohammed)

A burnt house following a settler attack that damaged vehicles and houses in the village of Beit Furik, in the occupied West Bank city of Nablus, Wednesday, Dec. 4, 2024. (AP Photo/Majdi Mohammed)

Mohammed Hanani looks at his burnt car following a settler attack that damaged vehicles and houses in the village of Beit Furik, in the occupied West Bank city of Nablus, Wednesday, Dec. 4, 2024. (AP Photo/Majdi Mohammed)

Mohammed Hanani looks at his burnt car following a settler attack that damaged vehicles and houses in the village of Beit Furik, in the occupied West Bank city of Nablus, Wednesday, Dec. 4, 2024. (AP Photo/Majdi Mohammed)

Mohammed Hanani looks at his burnt car following a settler attack that damaged vehicles and houses in the village of Beit Furik, in the occupied West Bank city of Nablus, Wednesday, Dec. 4, 2024. (AP Photo/Majdi Mohammed)

Mohammed Hanani looks at his burnt car following a settler attack that damaged vehicles and houses in the village of Beit Furik, in the occupied West Bank city of Nablus, Wednesday, Dec. 4, 2024. (AP Photo/Majdi Mohammed)

A man carries a sack of donated flour distributed by UNRWA at the Nuseirat refugee camp, Gaza Strip, Tuesday Dec. 3, 2024.(AP Photo/Abdel Kareem Hana)

A man carries a sack of donated flour distributed by UNRWA at the Nuseirat refugee camp, Gaza Strip, Tuesday Dec. 3, 2024.(AP Photo/Abdel Kareem Hana)

A man grabs a sack of donated flour at a UNRWA distribution center in the Nuseirat refugee camp, Gaza Strip, Tuesday Dec. 3, 2024.(AP Photo/Abdel Kareem Hana)

A man grabs a sack of donated flour at a UNRWA distribution center in the Nuseirat refugee camp, Gaza Strip, Tuesday Dec. 3, 2024.(AP Photo/Abdel Kareem Hana)

Israeli armoured vehicles move on in an area at the Israeli-Gaza border, seen from southern Israel, Tuesday, Dec. 3, 2024. (AP Photo/Tsafrir Abayov)

Israeli armoured vehicles move on in an area at the Israeli-Gaza border, seen from southern Israel, Tuesday, Dec. 3, 2024. (AP Photo/Tsafrir Abayov)

Recommended Articles