After more than a year of fighting, Republican state senators said they have struck an agreement with attorneys for Fulton County District Attorney Fani Willis paving the way for her under-oath testimony later this fall.
Leaders of the Senate Special Committee on Investigations said Friday that Willis will appear before the panel Nov. 13. Chairman Bill Cowsert, R-Athens, said the body is negotiating with the DA’s attorneys over the scope of the questions that can be asked.
“We’re agreeing to limit some of the areas of questioning,” he told reporters, adding that Willis is “going to be treated fairly, like any other witness here.”
“We don’t want to embarrass her, to personally attack her,” said Cowsert, who is running for the GOP nomination for attorney general. “We want to talk about the issues.”
Former Gov. Roy Barnes and attorney John Bartholomew, who are representing Willis in the matter, did not immediately respond to a request for comment.
Credit: Miguel Martinez-Jimenez
Credit: Miguel Martinez-Jimenez
The committee has been trying since August 2024 to compel Willis’ testimony after launching an investigation into the veteran prosecutor’s conduct, including her romantic relationship with onetime deputy Nathan Wade and the operation of her office more broadly. But Willis, a Democrat, resisted the committee’s subpoenas, arguing that the body lacked the legal authority to force her testimony or the production of documents from her office.
Late last year, a Fulton judge ruled the committee had the authority to do so. Willis appealed, and the matter will be heard by the Georgia Supreme Court on Nov. 4.
However, since the initial subpoenas were issued, Gov. Brian Kemp signed into law a bill clarifying the investigative powers of the Georgia Legislature, including lawmakers’ ability to subpoena witnesses, administer oaths and compel testimony — even outside of the 40-day legislative session.
Cowsert said the oral arguments before the Supreme Court should not impact Willis’ ability to testify before his committee since the panel plans to issue a new subpoena in light of the new state law.
“I want to be proven right, basically, by the courts, because all of our legal counsel and every judicial proceeding we’ve gotten up until now says, ‘yes, you have the power to issue a subpoena, and yes, she has to obey it,’” he said.
Cowsert said the committee and Willis did come to an agreement that resulted in her handing over some documents. The initial request was largely related to her election interference case against former President Donald Trump and more than a dozen others.
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.
Cowsert suggested Friday he was interested in creating legislation clarifying what constitutes an appearance of a conflict of interest for prosecutors. A lack of certainty surrounding that definition was at the center of the more than 18-month fight to remove Willis and her office from the election interference case because of her relationship with Wade.
“If we need a more precise (statute) so that the prosecutors can understand what’s permitted behavior and unpermitted behavior, then let’s give them that,” Cowsert said. “So I’ll be asking (Willis), how would you recommend that we more specifically identify inappropriate, improper, unethical conduct so that other prosecutors don’t engage in that behavior, and the public can again feel safe … that they’re treated in an ethical and honest way, with integrity.”
Last month, the state Supreme Court declined to hear an appeal of a lower court decision that stripped the election interference case from Willis because she failed to address “an appearance of impropriety.” The future of the case now rests with the Prosecuting Attorneys’ Council of Georgia, a nonpartisan state agency that will assign a new prosecutor who will decide whether to continue, kill or slim down the case.
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