Fani Willis' obligation to testify before GOP-led committee 'pretty muddy,' expert says
ATLANTA - Fulton County District Attorney Fani Willis may not be legally obligated to testify before a Republican-led state senate committee, but it could behoove her to do so, political analyst Bill Crane said.
She told FOX 5 on Monday that she would not testify and argued the committee lacks the power to subpoena her.
DA FANI WILLIS SPEAKS DURING EVENT WITH FAITH LEADERS IN FULTON COUNTY
NEW: DA Fani Willis says she will not testify before the Republican-led Georgia senate investigative committee: "I will not appear to anything that is unlawful," adding. "I'm sorry that folks get pissed off that everybody gets treated evenly."@FOX5Atlanta pic.twitter.com/VAy3ZDm55a
— Rob DiRienzo (@RobDiRienzo) May 6, 2024
"Does she have to? That’s pretty muddy and I would lean towards saying no," Crane said. "I'd still respond."
The State Senate designed the committee to look into whether Willis misspent public funds during her affair with former special prosecutor Nathan Wade.
Crane says the committee can issue subpoenas, but they’re different than court orders.
"The subpoena authority is limited and cannot be part of the attempt to begin criminal or civil proceedings," he said. "It’s more of a fact-finding for the legislative process."
The Republican committee chair, State Sen. Bill Cowsert told FOX 5 over the phone that her refusal to show could lead to a judge holding her in contempt.
Crane said that’s next to unheard of.
NATHAN WADE OPENS UP ABOUT FANI WILLIS WORKPLACE ROMANCE: ‘AS AMERICAN AS APPLE PIE’
Just got off the phone with Sen. Coswert, the Republican committee chair. He maintains he has statutory power to subpoena Willis, and if she refuses to show she could be held in contempt: "I sure hope it doesn't get to that"
In the words of @AnthonyMKreis: Cue the litigation.— Rob DiRienzo (@RobDiRienzo) May 6, 2024
"It’s been more than 60 years since someone was put in the jail at the Capitol for not responding," he said.
Ultimately, Crane says the controversy is good for Willis’ star defendant.
"Donald Trump, the former president, is somewhat winning many of his legal battles simply by misdirection and delaying," he said. "If you’re not talking about the matters of his case, if you’re not moving toward jury selection, if you’re not setting court dates and dockets, he’s winning."
Cowsert told FOX 5 he could issue Willis the subpoena in the coming months.