The Georgia State Senate can subpoena Fulton County District Attorney Fani Willis over misconduct allegations in her investigation of President-elect Donald Trump.
Superior Court Judge Shukura Ingram told Willis she has until Jan. 13 to file briefs over whether the subpoenas are attempting to obtain confidential information.
It’s the latest in a string of setbacks for the Georgia prosecutor. Last week, the Georgia Court of Appeals disqualified Willis from prosecuting Trump and his co-defendants in her 2020 election interference case.
The appeals court found that Willis’ office could not prosecute the case, so a new special prosecutor must be appointed for the case to proceed.
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The ruling stated that “after carefully considering the trial court’s findings in its order, we conclude that it erred by failing to disqualify DA Willis and her office” over what the appeals court called “a significant appearance of impropriety,” which, according to the court, was enough to taint the case in the public eye possibly.
Despite this, the appellate court decided that it would not reject the racketeering conspiracy case entirely.
“While we recognize that an appearance of impropriety generally is not enough to support disqualification, 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. “We cannot conclude that the record also supports the imposition of the extreme sanction of dismissal of the indictment.”
“The remedy crafted by the trial court to prevent an ongoing appearance of impropriety did nothing to address the appearance of impropriety that existed at times when DA Willis was exercising her broad pretrial discretion about who to prosecute and what charges to bring,” the order mentioned, reversing Atlanta Judge Scott McAfee’s decision in March to let Willis proceed with Trump’s prosecution.
“While this is the rare case in which DA Willis and her office must be disqualified due to a significant appearance of impropriety, we cannot conclude that the record also supports the imposition of the extreme sanction of dismissal of the indictment under the appropriate standard,” they went on to say.
The Fulton County DA will keep fighting to stay on the case, as her team requested the state’s Supreme Court to review the appeals court’s decision.
In January, Willis admitted to having an affair with special prosecutor Nathan Wade.
She hired Wade to be part of the election interference case against Trump. Once appointed special prosecutor, he filed for divorce the day after and asked that the court seal the documents.
When asked to explain why she repaid Wade in cash for expensive trips, the DA stated that her father taught her that “a man is not a plan” and that she should always have plenty of cash to pay her way. For that reason, she revealed that she keeps large amounts of cash in a safe at her home.
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