The Georgia Supreme Court will consider the long-simmering subpoena fight between a state Senate committee and Fulton County District Attorney Fani Willis.
In a brief, two-page notice , the court’s clerk on Thursday confirmed justices have received the case and could hear oral arguments as soon as October if they’re requested by the parties.
Willis has been fighting with the Senate Special Committee on Investigations for nearly a year about whether the GOP-led panel has the authority to compel her testimony and her office’s production of documents.
The committee was created not long after news of Willis’s onetime romantic relationship with former deputy Nathan Wade came to light. As part of its investigation, the committee subpoenaed her for a hearing last fall. Willis declined to appear and instead took her challenge to court.
The panel also subpoenaed the DA’s office for documents related to the election interference case involving President Donald Trump and other prominent Republicans, as well as its contact with the Joe Biden White House and Justice Department. Senate Republicans have also scrutinized how the DA’s office spent public funding and how Fulton oversees those funds.
Willis has argued the committee lacks the legal authority to subpoena her, and that the panel’s requests were overly broad and seeking privileged information.
Late last year, a Fulton judge ruled the special committee has the authority to subpoena Willis. The DA appealed the ruling.
Since the fight involves constitutional issues, it was fast-tracked to the state Supreme Court and justices were required to take up the issue.
Willis’s attorneys and a spokesperson did not immediately respond to a request for comment.
Bill Cowsert, the Athens Republican who leads the special committee, said he’s confident that the court will enforce the subpoena.
“Nobody is above the law, including District Attorney Willis,” he said.
Cowsert pointed to a bill recently signed by Gov. Brian Kemp that dramatically expanded the investigative powers of the Georgia Legislature.
Senate Bill 255 gave legislative committees the authority to subpoena witnesses, administer oaths and compel testimony.
The back-and-forth comes as Willis waits for the state Supreme Court to weigh in on another key matter: whether she can regain control of the election interference case after the Georgia Court of Appeals disqualified her and her office from the prosecution late last year. Justices could announce whether they plan to hear the case — or let the appeals court’s ruling stand — within days, though the court is not under any sort of deadline to respond.
While the Senate special committee panel lacks the power to prosecute, disbar or directly discipline Willis, it can recommend changes to the state budget or draft legislation regulating prosecutors’ conduct more broadly.
Senate Republicans, led by Lt. Gov. Burt Jones, have been eager to keep the spotlight trained on Willis as they head into 2026 election cycle, where both Cowsert and Jones are seeking higher offices. The special committee was also recently tapped to investigate another prominent Democrat: Stacey Abrams.
About the Author
Keep Reading
The Latest
Featured
