Fani Willis 'thinks she's above the law,' says Georgia lawmaker in subpoena fight

Georgia lawmakers deliberated Wednesday on how to press Fulton County District Attorney Fani Willis to comply with a committee subpoena.

Fulton County District Attorney Fani Willis testifies during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse in Atlanta on Feb. 15, 2024. (Alyssa Pointer-Pool/Getty Images)

"And if they will agree to a date, then we’ll issue the subpoena, and I think they will honor their word. If not, we’re going to have a whole other problem," he said. "And same thing on the documents, just say we’ve hit the end of our road. We need them by April 15th. You’ve already agreed to give them to us, and if they say they won’t, we’re going to have to circle back with you."

Sen. Steve Gooch asked what would typically happen if a district attorney, such as Willis, issued a subpoena for someone to show up in court and if that person neglected to appear. 

"That person could be held in criminal contempt," Belinfante said. 

"Arrested?" Gooch asked. To that, the attorney replied, "Could be." 

Members, including Sen. Greg Dolezal, stressed that the committee had already been given the runaround as Willis had challenged their subpoenas and the court backed them, then she challenged them again.

Donald Trump booking photo (Fulton County Sheriff’s Office via AP)

Dolezal said the courts, in a separate open records case, called her office "openly hostile" and "substantially groundless and vexatious." "I think that we have here is an individual who thinks she’s above the law, and I don’t think that the people of Georgia want this committee to wait for her to decide that she wants to appear based on her travel schedule with Mr. Wade, her travel schedule otherwise," he said.

Belifante said that in December, as repeated judges recused themselves from the case and it was passed to a different county, the committee assured Willis that they would not send the sergeant at arms or consider her in contempt. But months have passed since then. 

Belifante said Willis' attorney told him this month her "travel schedule" meant she wouldn't be available to testify until late April or May. The attorney testified that some of the documents the committee is seeking Willis has already handed over to the U.S. House of Representatives and Court of Appeals, and her counsel has no further legal avenue to appeal the subpoenas. 

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"That has expired and there is no appealable order at this time because we reached [an] agreement with them. There is nothing to appeal on the prior documents subpoena. It is moot because there is that agreement," Belifante said. "On the witness, we think they’ve waived the argument long ago, and so that time is gone and even then, it would take both superior courts to decide whether to allow an appeal to proceed, but that time is gone. There’s no final order right now."

Danielle Wallace is a breaking news and politics reporter at Fox News Digital. Story tips can be sent to danielle.wallace@fox.com and on X: @danimwallace

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