Fani Willis likely to defy Georgia state Senate subpoena ahead of hearing Friday, chairman says

District Attorney Fani Willis is expected to defy a Georgia state senate subpoena for her testimony ahead of a hearing Friday, Fox News Digital has learned.

The Senate Special Committee on Investigations, chaired by Republican state Sen. Bill Cowsert, subpoenaed Willis to compel her testimony related to the committee’s investigation into allegations she misused taxpayer funds. 

In an interview with Fox News Digital, Cowsert said after Willis refused to testify voluntarily, the committee issued a subpoena, adding her legal counsel had indicated to the committee she would not be complying with the subpoena. 

“We think it’s unlikely that she will appear but disappointing that she considers herself above the law,” Cowert said. 

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Fulton County District Attorney Fani Willis arrives to speak after winning the Democratic primary May 21, 2024, in Buckhead, Ga.  (AP Photo/Brynn Anderson)

If Willis does not appear at Friday’s hearing, the state Senate will seek to compel her attendance through a judicial order that will work its way through the court system the next few weeks. 

“We do have the authority to investigate and to issue subpoenas to compel testimony and the production of documents, and if tested in court, that will be validated,” Cowsert said. 

“She’ll be required to attend, and she’ll be required to produce certain requested documents. It may require a court order for her to obey them, but that’s where we’re headed.” 

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Fulton County District Attorney Fani Willis during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse March 1, 2024, in Atlanta.  (Alex Slitz-Pool/Getty Images)

Friday’s hearing will feature a presentation from David Cook, the former Georgia secretary of the Senate, on the investigative powers of legislative bodies and the ability to subpoena. 

Legislative counsel Stuart Morelli will also testify on the committee’s legal authority to conduct investigations and to subpoena individuals to testify or to produce documents. 

The Republican-led committee was established in January by a resolution that passed by a 30-19 vote.

Willis, who is spearheading the sweeping prosection case against former President Trump, has come under scrutiny after she was accused in February of having an “improper” affair with special prosecutor Nathan Wade, whom she had hired to help prosecute the case.

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Fulton County District Attorney Fani Willis celebrates after winning the Democratic primary May 21, 2024, in Buckhead, Ga.  (AP Photo/Brynn Anderson)

A decision by Fulton County Superior Court Judge Scott McAfee not to disqualify her from the case is now on appeal, and that hearing is slated for December. 

The Georgia Senate committee has already held several hearings, including one featuring the testimony of a whistleblower who said she was fired after she raised concerns about Willis’ office’s alleged misuse of funds. 

Willis said in May she believes the committee has no authority to subpoena her and told a news reporter she “will not appear to anything that is unlawful.”

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“I have not broken the law in any way,” Willis told reporters at a press conference in May. “I’m sorry folks get p—ed off that everyone gets treated equally.”

But Cowsert said the committee members are “all extremely confident that we’re acting within the constitutional and legislative authority of the state Senate.”

A representative for Willis did not respond to Fox News Digital’s request for comment. 

The hearing begins Friday at 10 a.m. ET.