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Watch live | Hearing in open records dispute involving DA Fani Willis as she seeks ‘emergency’ order blocking subpoena

Defense attorney Ashleigh Merchant asked a court to enforce the subpoena.

ATLANTA — You can watch the hearing live in the video player above this story.

Fulton County District Attorney Fani Willis asked a judge for an “emergency” order blocking a subpoena requesting her testimony in an ongoing open records dispute, according to a Wednesday court filing obtained by 11Alive.

The subpoena, issued by defense attorney Ashleigh Merchant, seeks Willis’ sworn testimony at a hearing tomorrow in a running legal clash over Georgia’s open records law. Merchant alleges the D.A.'s office has deliberately flouted the state open records law. The D.A.'s office, disputing that, has called the case an effort to harass the D.A.

Merchant, who also represents a defendant in the ongoing Fulton County 2020 election interference case, shared copies of her and Willis’ recent court filings. The Fulton County District Attorney's Office did not immediately respond to a request for comment. 

The defense attorney, in her filing, asked a Fulton County judge to enforce the subpoena and compel Willis to testify at a hearing scheduled for this morning.

“Plaintiff is seeking nothing more than to have the law apply equally to Ms. Willis just like it applies to every other witness who is subpoenaed to appear in a court of law in this State,” wrote Merchant.

The district attorney, via her lawyer, argued the subpoena was legally deficient and attacked Merchant’s motives.

“The subpoena issued to District Attorney Willis has been issued solely for the purpose of harassment, embarrassment, and intimidation of District Attorney Willis,” her attorney wrote.

A hearing is scheduled for Thursday morning.

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