Fani Willis To Defend ‘Absurd’ Theory for Why She Is Exempt From Grilling About ‘Misconduct’ in Trump Prosecution
The Georgia supreme court will hear arguments on whether the district attorney can be compelled to testify.

The Georgia supreme court will next month hear a request from the district attorney of Fulton County, Fani Willis, that she be allowed to evade a subpoena from Georgia lawmakers hankering to grill her about her prosecution of President Trump and 18 others for election interference.
Ms. Willis, who has resisted summonses to testify from the Republican state solons, has also petitioned the Peach State’s highest court to overturn her disqualification from the case against Mr. Trump. That disqualification came after the disclosure of a secret romantic affair with her handpicked special prosecutor, Nathan Wade.
Georgia’s senate special committee on investigations dispatched subpoenas to Ms. Willis in August 2024 seeking sunlight on what it calls “various forms of misconduct” by Ms. Willis. The district attorney, who was re-elected last November in a rout, has stonewalled that request.
The committee, in its brief to the high court, reckons that this is a “case of first impression,” meaning that the legal and constitutional issues at play are new. Ms. Willis’s filing concurs that the case is “novel” — but insists on her protection from legislative meddling.
The case would appear to turn on whether the subpoena power of Georgia’s lawmakers survive the end of a legislative session. Ms. Willis contends that it does not and that the power “essentially expired” when the session ended in January. The trial judge who initially heard this dispute, Shukura Ingram, soundly rejected that position. Judge Ingram rejected as “absurd” Ms. James’s argument that the subpoena power disappears at session’s end.
Judge Ingram’s ruling torched Ms. Willis’s argument as one that, if adopted, “could and would result in lost evidence, fading memories, and general inefficiency.” She added that “this Court cannot in good conscience facilitate such a result.” Judge Ingram criticized Ms. Willis’s position as one of a “myriad ways to tie up these disputes in court.”
Ms. Willis is also fighting subpoena efforts from Republicans in the United States Congress. She alleges that those summonses, which are being spearheaded by Congressman Jim Jordan, trample on state prerogatives as envisioned by the Framers of the Constitution.
Ms. Willis’s recalcitrance is hardly confined to her standoff with Georgia Republicans. The state’s judges have ordered her to pay some $75,000 in fines and attorneys’ fees for failing to comply with open records requests from one of the defendants in the case against Mr. Trump as well as from a conservative legal organization, Judicial Watch.
So deficient was Ms. Willis’s compliance that the judge in the case, Robert McBurney, floated the threat of appointing a special counsel to ensure that she produce the relevant documents.
An even more consequential clash at the Georgia supreme court could await Ms. Willis — if the tribunal grants her petition to review her disqualification, which was decided by the Georgia court of appeals. That court found that this was 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 first judge who heard the disqualification issue, Scott McAfee, found that the behavior of Ms. Willis and Mr. Wade emitted an “odor of mendacity” and that her public posture was “legally improper.” The appeals court did not credit Ms. Willis’s claim, under oath, that the pair only began their affair after Mr. Wade was hired.
The defendants in the case adduced cellular telephone data that showed the couple exchanged thousands of calls and text messages in advance of Mr. Wade joining the case. Once Mr. Wade came onboard, he was paid some $700,000 despite never before having prosecuted a felony.
Mr. Wade, who was forced to resign as a result of Judge McAfee’s ruling, has since reflected to ABC News that workplace romances are “as American as apple pie.” While Ms. Wills represented to Judge McAfee that she and Mr. Wade are no longer a couple, the two have been spotted together at an airport departure terminal and during a roadside arrest of Ms. Wills’s daughter.