Fulton County District Attorney Fani Willis must turn over any records relating to her correspondence with a committee investigating President-elect Donald Trump and special prosecutor Jack Smith to Judicial Watch in five days, a judge ruled Tuesday.
It’s the second case focusing on Willis and her prosecution of Trump and others relating to election interference. Fulton County Superior Court Judge Shukura Ingram, hearing the challenge of a Georgia Senate subpoena of Willis, did not indicate when she would rule on the subpoena.
In the open records case, Judicial Watch asked for the documents in August 2023. Fulton County said there were no documents, according to a news release.
Judicial Watch sued Willis in March. Fulton County Superior Court Judge Robert McBurney ordered Willis’ office to turn over the documents and awarded Judicial Watch attorney’s fees. A hearing on the fees is scheduled for Dec. 20.
Former Gov. Roy Barnes, in Tuesday’s hearing, said the Senate Special Committee on Investigations subpoena of Willis violates the state constitution.
The committee is tasked with determining if tax dollars were fraudulently used in Trump’s prosecution. Senate Resolution 465 alludes to a relationship between Willis and lead prosecutor Nathan Wade that “would constitute a clear conflict of interest and a fraud upon the taxpayers of Fulton County and the State of Georgia.”
Willis did not respond to a subpoena from the committee to appear on Sept. 13 and challenged the case in court.
Barnes, representing Willis, told Ingram the committee did not have the power to issue a subpoena. Subpoena power requires the agreement of both bodies of the General Assembly under the state’s constitution, according to Barnes.
“You can investigate until the cows come home, but you can’t subpoena anybody,” Barnes said. “There’s a reason. And you know what the reason was because from time to time one body of the General Assembly could go crazy.”
Josh Belinfante, representing the Senate, said claiming the resolution was not made at the “behest” of Trump ignores the fact that there are nine committee members, and the resolution focuses on hiring practices for assistant district attorneys.
“The General Assembly has looked at similar things in the past,” Belinfante said, citing previous legislative action that scrutinized the hiring of special district attorneys on contingency.
