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Fulton DA Willis tries to block Georgia Senate subpoenas; 3 judges abstain
Massachusetts

Fulton DA Willis tries to block Georgia Senate subpoenas; 3 judges abstain

Three judges have recused themselves from the case involving Fulton County District Attorney Fani Willis’ attempt to block subpoenas requiring her to testify before a Georgia Senate committee this week, court records show.

The subpoenas, issued by the state Senate Special Committee on Investigations, seek Willis’ testimony and documents related to its ongoing investigation into 2020 election interference and her relationship with Nathan Wade, a former special prosecutor. Willis sought a temporary restraining order to stay the subpoenas requiring her to appear at a hearing Friday.

In a brief filed Sept. 4, Willis, represented by former Georgia Gov. Roy Barnes, argued that the subpoenas’ extensive document production requirements would harm the prosecution. She sought a permanent injunction to prevent the committee from enforcing the subpoenas.

Three Fulton County Superior Court judges have recused themselves from the case. Judges Craig Schwall, Sr. and Melynee Leftridge recused themselves from the case last week, citing unspecified conflicts of interest. On Monday, Judge Scott McAfee also recused himself from the case, citing his involvement in overseeing the election interference case against former President Donald Trump and others.

Fulton County District Attorney Fani Willis at the Fulton County Courthouse in Atlanta, Georgia, U.S., on Friday, March 1, 2024. The judge overseeing Fulton County’s prosecution of Donald Trump and others for his alleged attempt to overturn the 2020 law

McAfee wrote in his recusal that his impartiality “could be reasonably questioned” given the overlap with the Georgia election interference case against Trump and others. He ordered the Fulton County clerk to randomly assign the case to another judge.

As of Tuesday, it was still unclear whether a new judge would be appointed to hear the case in time for Friday’s Senate hearing. It was also uncertain whether Willis would comply with the subpoenas if a temporary restraining order was not issued.

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