Georgia’s legal drama is heating up, and Fulton County District Attorney Fani Willis is front and center. Recently, Willis filed a motion asking a court to shut down subpoenas from state legislators who’ve been determined to question her office’s investigation of former President Donald Trump.
The Backstory
Senator Bill Cowsert, a Republican from Athens and chair of the Senate Special Committee on Investigations, has had his sights set on Willis for years. His main focus? Digging into how public funds were used during her investigation into alleged election interference.
Last summer, Cowsert pushed to get Willis to testify under oath about her handling of the Trump probe. She was supposed to appear at a public hearing in September 2024 but didn’t show up.
Since then, Cowsert and his committee have tried to enforce subpoenas demanding documents and testimony. Willis responded by seeking a permanent block on those subpoenas. In December, a judge ruled in the committee’s favor, affirming their subpoena power.
Willis Fires Back
Now, Willis is back with a new argument: The subpoenas are no longer valid. Why? A new General Assembly has been sworn in since the subpoenas were issued, and that changes everything, according to her motion.
Willis points out that the new Assembly “recreated and reauthorized” Cowsert’s committee, essentially forming a new body. With new members and new rules, she argues, the original subpoenas have lost their power.
For example, the old committee allowed any member to issue a subpoena. The new version requires a majority vote. These changes, Willis contends, mean the old subpoenas can’t be enforced.
The Hypothetical
To make her case, Willis paints a picture: Imagine a committee formed to investigate an issue, but some members lose their re-election bids. Should that old committee still have the authority to demand documents and testimony after the new Assembly takes over? Willis says no.
What’s Next?
Willis isn’t saying the new committee can’t issue fresh subpoenas. Instead, she argues that if legislators still want the information, they should start the process over.
“The prior General Assembly issued its subpoenas in late August 2024, with a compliance deadline in September,” Willis’ motion notes. “If the new Special Committee wants to pick up where they left off, they have plenty of time.”
As the legal battle unfolds, one thing is clear: This isn’t just a fight about subpoenas—it’s a tug-of-war over power, process, and accountability.
