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Georgia Senate passes a panel with subpoena power to investigate DA Fani Willis

Georgia’s state Senate joined attempts to investigate Fulton County District Attorney Fani Willis on Friday, voting 30-19 to create a special committee that Republican senators say is needed to determine whether the Democratic district attorney misspent state tax money in her prosecution of former President Donald Trump and others.

Quick Read

  1. Formation of Special Committee: The Georgia state Senate voted 30-19 to create a special committee to investigate Fulton County District Attorney Fani Willis, with the focus on potential misuse of state tax money in her prosecution of former President Donald Trump and others.
  2. Republican Motivation: Republican senators, led by Sen Matt Brass, emphasize the need for transparency in the use of state funds, questioning the allocation of money in Willis’s investigations.
  3. Committee’s Scope and Limitations: The committee is authorized to make recommendations on state laws and spending based on its findings, but it cannot directly sanction Willis. The formation of the committee does not require approval from the state House or Governor Brian Kemp.
  4. Partisan Criticism: Democrats, including Sen. David Lucas, criticize the committee as a partisan effort aimed at appealing to Trump supporters, dismissing it as political maneuvering.
  5. Allegations Against Willis: Trump and co-defendant Michael Roman have sought to remove Willis and special prosecutor Nathan Wade from the case, alleging an inappropriate romantic relationship between them, which they claim presents a conflict of interest.
  6. Willis’s Defense of Wade: While Willis has not publicly responded to the relationship allegations, she has defended Wade’s qualifications and suggested that criticisms are racially motivated.
  7. Republican Allegations of Personal Profit: Republican State Sen. Brandon Beach accuses Willis of employing Wade in a “prosecution for personal profit scheme,” alleging misuse of the Trump investigation for personal gain.
  8. Panel’s Subpoena Power: The new panel will have the authority to issue subpoenas and compel testimony under oath, a power not routinely used by other Georgia legislative committees.
  9. Context of False Statements Prosecution: The committee’s formation coincides with ongoing criminal charges against Rudy Giuliani and others for making false claims to Georgia lawmakers about the 2020 election results.
  10. Political Implications: The investigation comes as Georgia’s legislative session begins and ahead of the 2024 elections, with potential impacts on primary challenges for both Republicans and Democrats. Key supporters of the committee are Republicans who backed Trump’s election claims, including Lt. Gov. Burt Jones.
  11. Alternative Oversight Proposal: Governor Kemp favors a revived prosecutor oversight board to investigate Willis, as opposed to a legislative committee.
  12. Democratic Warnings: Democratic Sen. Josh McLaurin warns Republicans about the dangers of pandering to Trump supporters, highlighting the risks of misinformation and potential violence.

The Associated Press has the story:

Georgia Senate passes a panel with subpoena power to investigate DA Fani Willis

Newslooks- ATLANTA (AP) —

Georgia’s state Senate joined attempts to investigate Fulton County District Attorney Fani Willis on Friday, voting 30-19 to create a special committee that Republican senators say is needed to determine whether the Democratic district attorney misspent state tax money in her prosecution of former President Donald Trump and others.

FILE – Georgia state Sen. Greg Dolezal, R-Cumming, speaks at the Georgia State Capitol on Monday, March 6, 2023, in Atlanta. Dolezal sponsored a resolution passed by the state Senate on Friday, Jan. 26, 2024, to create a special committee to investigate Fulton County District Attorney Fani Willis. Republicans say she has personally benefitted from improperly conveying public money to special prosecutor Nathan Wade. (AP Photo/Alex Slitz, File)

“This has to do with following state funds,” said Republican Sen Matt Brass of Newnan. “We want to know where is our money going.”

FILE – Georgia Gov. Brian Kemp delivers the State of the State address on the House floor of the state Capitol on Wednesday, Jan. 25, 2023 in Atlanta. Georgia is offering a new bargain to some adults without health insurance beginning Saturday, July 1, 2023, — go to work or school and the state will cover you. But advocates decry the plan, which will insure far fewer people than a full expansion of the state-federal Medicaid program, as needlessly restrictive and expensive. (AP Photo/Alex Slitz, File)

The committee, which doesn’t require approval by the state House or Gov. Brian Kemp, is tasked with making recommendations on state laws and spending based on its findings. But the committee can’t directly sanction Willis, and Democrats denounced it as a partisan attempt to try to play to Trump and his supporters.

“You’re talking about partisan politics. That’s all you’re talking about,” said Democratic Sen. David Lucas of Macon.

FILE – Fulton County District Attorney Fani Willis speaks during an Associated Press interview on Tuesday, Dec. 12, 2023, in Atlanta. The Georgia state Senate voted on Friday, Jan. 26, 2024, to create a special committee to investigate Willis, with Republicans claiming she has personally benefitted from improperly conveying public money to special prosecutor Nathan Wade. (AP Photo/Brynn Anderson, File)

Trump on Thursday joined an effort by co-defendant Michael Roman to have Willis, special prosecutor Nathan Wade and their offices thrown off the case. Ashleigh Merchant, a lawyer for Roman, filed a motion Jan. 8 accusing Willis of having an inappropriate romantic relationship with Wade that resulted in a conflict of interest.

Special prosecutor Nathan Wade listens during a motions hearing for former President Donald Trump’s election interference case, Friday, Jan. 12, 2024 in Atlanta. (Elijah Nouvelage/The Washington Post via AP, Pool)

Willis has yet to respond publicly to the allegations of a romantic relationship between her and Wade. But she vigorously defended Wade and his qualifications in a speech during a service honoring the Rev. Martin Luther King Jr. at a historic Black church in Atlanta on Jan. 14. She suggested during that address that the questioning of Wade’s hiring was rooted in racism.

A filing in Wade’s divorce case includes credit card statements that show Wade — after he had been hired as special prosecutor — bought plane tickets in October 2022 for him and Willis to travel to Miami and bought tickets in April to San Francisco in their names. Republican State Sen. Brandon Beach of Alpharetta said that Willis’ employment of Wade is a “prosecution for personal profit scheme,” contending that she has stretched out the Trump inquiry to keep paying Wade and derive personal benefit.

“I believe this scheme — prosecution for personal profit — was a fraud against the court and it was a fraud against you as a Georgia taxpayer,” Beach said.

Fulton County District Attorney Fani Willis speaks during a worship service at the Big Bethel AME Church, where she was invited as a guest speaker on Sunday, Jan. 14, 2024, in Atlanta. The service celebrated Rev. Martin Luther King Jr. at the historic Black church. (Miguel Martinez/Atlanta Journal-Constitution via AP)

The new panel would be able to issue subpoenas and require people to testify under oath — powers that no other Georgia legislative committee routinely uses.

People can already be prosecuted for making false statements to Georgia lawmakers. Those are among the criminal charges that Rudy Giuliani and some others face for the false claims they made to Georgia lawmakers in late 2020. They claimed Georgia’s election was marred by widespread fraud and that Trump and not Democrat Joe Biden was the rightful winner of the state’s 16 electoral votes.

The action comes at the beginning of Georgia’s 2024 legislative session, with all 56 Senate and 180 House seats up for election later this year. With few of the 56 Senate districts expected to be competitive between Republicans and Democrats, the most serious opposition that many lawmakers could face would be in their party primary in June. Attacks on Willis by Republicans and a defense of her by Democrats could deter primary challenges on both sides in advance of the March deadline for candidates to file for election.

Fulton County District Attorney Fani Willis enteres a room in the Fulton County Government Center ahead of a news conference, Monday, Aug. 14, 2023, in Atlanta. Donald Trump and several allies have been indicted in Georgia over efforts to overturn his 2020 election loss in the state. (AP Photo/John Bazemore)

Most of the top supporters are Republican lawmakers who also publicly backed Trump’s efforts to overturn Georgia’s 2020 election results, including Republican Lt. Gov. Burt Jones. Willis was barred from prosecuting Jones by a judge after she hosted a fundraiser for a Democratic opponent. Jones on Wednesday reaffirmed his support for Trump after the former president won the New Hampshire primary.

“I’ve never shied away from it,” Jones told reporters. “I’m a Trump guy. I’ve been a Trump supporter since 2015.”

Kemp, though, has said he favors a revived prosecutor oversight board looking into whether Willis did anything wrong, instead of a legislative committee.

Democratic Sen. Josh McLaurin accused Republicans of going down a “dangerous path” by catering to Republicans who have shown themselves willing to threaten violence against Georgia lawmakers seen as insufficiently supportive of Trump.

“If you guys think you can handle it — if you think you can inflame that base, and feed them more, feed them misinformation, or let them persist in their misinformation about the results of elections — and not face the consequences someday, I think you’re mistaken,” McLaurin said.

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