Subpoenas Issued for Fulton County DA Fani Willis and Prosecutor to Testify According to Lawsuit

  • Fulton County District Attorney and a top prosecutor subpoenaed to testify in Georgia election interference case against Donald Trump and 18 others.
  • Lawsuit accuses district attorney’s office of withholding information and stonewalling efforts to obtain records.
  • Allegations include misconduct, intentional delays, and violations of the Open Records Act; subpoenas issued for testimony and documents. Many defendants have taken plea deals.

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Fulton County District Attorney Fani Willis and one of her top prosecutors, Nathan Wade, have been subpoenaed to testify at an upcoming evidentiary hearing in the Georgia election interference case against former President Donald Trump and 18 others. The subpoenas were issued as part of a lawsuit filed by the attorney for one of Trump’s co-defendants, accusing the district attorney’s office of withholding information. The lawsuit also alleges that the office has been stonewalling the attorney’s efforts to obtain records through public information requests.

The district attorney’s office has denied the allegations, stating that they have provided all requested materials. They have also pushed back on the attorney’s claims that they have failed to meet their obligations. The subpoenas pose a significant challenge for Willis and Wade, who may now be required to testify under oath during the televised hearing as Trump and other co-defendants try to have them removed from the case and the indictment dismissed. The hearing was scheduled by the judge in the case, who also ordered the office to respond to the allegations by February 2nd.

The attorney, Ashleigh Merchant, made misconduct allegations against Willis earlier this month, claiming that she had a personal, romantic relationship with Wade that resulted in financial gain for both of them. Merchant’s new lawsuit accuses the district attorney’s office of intentionally delaying her efforts to gather information on the matter. The lawsuit argues that the office has violated the state’s Open Records Act by failing to respond to numerous requests for records.

In addition to the subpoenas issued to Willis and Wade, Merchant has issued approximately a dozen additional subpoenas for testimony and documents at the upcoming evidentiary hearing. These subpoenas include employees of the district attorney’s office who are requested to testify on behalf of the defense. It is unclear if all of the subpoenas have been served yet.

The lawsuit also reveals that additional subpoenas were issued for documents related to the case. One subpoena was sent to a company called “Vacation Express USA Corp” for any documents related to flights, hotels, or rental cars reserved in Wade or Willis’ name. The lawsuit details numerous instances where Merchant’s requests for records were not met with a timely response or were improperly closed without providing all requested documents.

Merchant claims that the district attorney’s office intentionally withheld documents in response to her motion seeking to disqualify Wade and Willis from the election interference case. She argues that the office has violated the Open Records Act by withholding records without justification. The lawsuit cites specific instances where Merchant’s requests for records were denied even though the office would be required by law to maintain such records.

Trump and 18 others pleaded not guilty in August to charges in Willis’ racketeering indictment, which alleges efforts to overturn the results of the 2020 presidential election in Georgia. Several defendants have since taken plea deals in exchange for testifying against others.


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