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Judge to decide if Senate panel can subpoena DA Fani Willis

DA argues panel lacks power to issue subpoenas

ATLANTA — A judge will decide whether a Republican state Senate committee can subpoena testimony from Fulton District Attorney Fani Willis.  

Willis has been resisting the subpoena from the committee, which held hearings earlier this year.  

She was a no-show at Tuesday's hearing, just as Willis had declined to appear before the Republican-led Senate panel that convened at the Capitol earlier this year.

RELATED: Judge hears arguments in DA Fani Willis' legal fight against Georgia Senate committee subpoena | Watch

The special senate investigative committee convened to give Republican senators a chance to question Willis about her criminal election interference investigation into Donald Trump and a list of codefendants.  

When the panel issued a subpoena to compel Willis to testify, she refused to honor it and instead challenged it in court. That court hearing was on Tuesday, and Willis’ attorney was Roy Barnes, who was governor of Georgia more than 20 years ago.

The committee "says well, the constitution says we can investigate. You can investigate 'til the cows come home! You just can’t subpoena anybody. And there’s a reason for that!" said Barnes, who also served in the House and Senate. 

The committee "is looking at practices. And it cannot be said that those practices are not of public import," said Josh Belifante, attorney for the GOP senators. 

Belifante argued that the General Assembly does have the power to issue subpoenas and that, by extension, its committees do too. That appears to be a question never before tested in court – which is what Judge Shukura Ingram will decide.  Her ruling is likely to be appealed.

You can watch Tuesday's full hearing below: 

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