Fani Willis To Testify Dec. 17 As Georgia Supreme Court Weighs Subpoena Dispute

Fulton County District Attorney Fani Willis is scheduled to testify on Dec. 17 before a special Georgia state Senate committee that has been probing her handling of the prosecution of former President Donald Trump and others accused of trying to overturn the 2020 election in Georgia. The appearance follows continued courtroom wrangling over whether an earlier 2024 subpoena remains enforceable now that a new General Assembly has been seated.

Attorneys for Willis and counsel for the Senate committee returned Tuesday to the Georgia Supreme Court to argue whether the original subpoena — issued by the previous legislature in 2024 — survives the end of that legislative session, or whether it expired when the new General Assembly convened in January. The committee issued a fresh subpoena this year after the legislature passed a law clarifying chamber subpoena powers; Willis has agreed to comply with the new order.

Senate Special Committee on Investigations Chairman Bill Cowsert (R-Athens) urged the court to recognize the 2024 subpoena as valid, saying the court should establish a precedent about legislative subpoena authority. Committee lawyer Josh Belinfante argued the original subpoena is not void.

“The attack is that the subpoena is void, and there is simply zero constitutional text to support that argument. And there is no reason this court should adopt it,” Belinfante told the justices.

But several Georgia Supreme Court justices appeared skeptical of the committee’s position and suggested they may avoid ruling if Willis proceeds to testify under the new subpoena. Justice Charles Bethel, a former state senator, observed that when a General Assembly convenes it constitutes a new body, implying the prior panel’s subpoena may have expired.

Willis’ lawyer, former Gov. Roy Barnes, also argued the 2024 subpoena was procedurally defective because it was not issued by both legislative chambers. The law passed this year explicitly allows one chamber to issue subpoenas without the other’s concurrence. Barnes indicated Willis may lodge objections during the committee hearing despite agreeing to appear.

“You can’t just pick somebody out and say, we’re going to embarrass you, we’re going to try you, we’re going to harass you. So we’ll make an appropriate objection at the time. I’m not a potted plant,” Barnes told the court.

The committee’s inquiry is entwined with politics: four of its five Republican members are running for statewide office in 2026. Cowsert is campaigning for attorney general, while Sens. Greg Dolezal, Blake Tillery and Steve Gooch are pursuing bids for lieutenant governor. Another Republican, John Kennedy of Macon, resigned from the Senate to launch his own lieutenant governor campaign.

The committee was created in January 2024 and focused in part on Willis’ decision to hire special prosecutor Nathan Wade to lead the election-interference prosecution. The committee resolution alleged that a romantic relationship between Willis and Wade created a “clear conflict of interest and a fraud upon the taxpayers.”

Willis did not comply with a prior subpoena last year, prompting litigation; a lower court ordered her to appear, and the current appeal stems from that order. Willis announced indictments in August 2023 charging Trump and 18 others under Georgia’s anti-racketeering law, alleging a conspiracy to overturn his narrow loss to Democrat Joe Biden in the state.

In January 2024, defense attorneys raised concerns about Willis’ relationship with Wade. Both Willis and Wade testified in a rare, highly scrutinized hearing, denying that their relationship created a conflict of interest. The trial judge criticized Willis for a “tremendous lapse in judgment” but initially allowed her to remain on the case on the condition that Wade resign; he stepped down hours later.

After defendants appealed, the Georgia Court of Appeals found an “appearance of impropriety” and removed Willis from the prosecution. In September, the state Supreme Court declined to hear Willis’ appeal of that removal.

What Comes Next: Willis is due to testify on Dec. 17 under the new subpoena while the high court appears likely to avoid a definitive ruling on the earlier subpoena if testimony proceeds. The outcome could shape how Georgia legislatures assert investigatory subpoenas in future sessions.