Fulton judge considers state Senate subpoena of Fani Willis

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Former Gov. Roy Barnes argued that the state Senate committee does not have subpoena power to Judge Shakura Ingram.

Credit: Sarah Kallis/GPB News

Fulton County Superior Court Judge Shakura Ingram heard arguments Tuesday in a case to decide if the state Senate committee investigating Fulton County District Attorney Fani Willis has the power to subpoena her. 

Former Gov. Roy Barnes represented Willis during the hearing. He said that a Senate committee does not have the power to subpoena someone without the House agreeing and that the committee investigating Willis sought to embarrass her.

“This is not a legitimate legislative purpose," he said. "This — this is nothing but a charade."

Lawyer Josh Belefante, who represents the Republican state senators on the committee, said that the senators were within their rights to investigate and subpoena Willis.

“Does the state constitution prohibit the state Senate from issuing the subpoenas alone?" he said. "The answer is no." 

The state Senate formed a committee to investigate alleged ethics violations against Fulton District Attorney Fani Willis, including an affair with prosecutor Nathan Wade. 

Wade led the prosecution in the election interference case that indicted President-elect Donald Trump and 18 others. Barnes said that the committee and subpoena were politically motivated and intended to derail the case. 

Ingram will issue a ruling and either side can appeal the decision to the state supreme court.