Nothing gives me more of a thrill on a Friday than to share news with you, dear reader, concerning one of former President Donald Trump’s greatest nemesis getting slapped down by a judge. Fulton County District Attorney Fani Willis has had an injunction that would prevent enforcement of two subpoenas issued by the Georgia State Senate Committee denied in an emergency motion from Judge Shukura Ingram. Ingram ruled there’s no need for the injunction. The judge also pointed out that the time specified in the subpoenas has now passed, thus it is not an emergency.
According to local news outlet WSBTV, she also stated that the targets of the emergency motion have not taken any action to enforce the subpoenas.
Here’s more from the report:
At issue were two subpoenas issued by the Georgia Senate Committee on Special Investigations — one for Willis to testify on Sept. 13 and one of the production of documents. Ingram’s order said: “The motion is denied as there is no emergency and the proper procedure for challenging a subpoena is a motion to quash.”
Willis skipped last week’s hearing. In her absence, the committee heard from a lawyer in the office of legislative counsel and a former secretary of the state Senate, both of whom said the committee does have the power to use subpoenas to compel witnesses to appear and to produce documents. Committee chairman Sen. Bill Cowsert noted at the beginning of the hearing that Willis was not present.
As it drew to a close, he asked a staffer to check the hallway outside the committee room in the state Capitol to make sure she wasn’t waiting out there.
“Let’s please note for the record that Ms. Willis has failed to appear in compliance with the subpoena and has failed to produce documents requested,” Cowsert went on to state. He also said that the committee brought on outside legal counsel to help them with the enforcement of the subpoena. After the hearing ended, the committee held an executive session to sit down and chat with its attorney. Once the meeting was concluded, Cowsert and other GOP members belonging to the committee left without taking any questions from the media.
“One of the committee’s subpoenas orders Wills to produce documents related to Wade, including documents related to his hiring and payment, documents related to money or items of value that Wade and Willis may have exchanged, text messages and emails between the two, and their phone records,” the article said. “The committee also requested any documents her office sent in response to requests from the U.S. House, as well as communications Willis and her office had with the White House, the U.S. Justice Department and the House relating to the 2020 presidential election. And they asked for documents related to federal grant money Willis’ office has received.”
The legal team representing the Fulton County District Attorney, which includes a former Democratic governor of Georgia, Roy Barnes, made the case in a court filing that the subpoenas that have been issued are “overbroad and not reasonably tailored to a legitimate legislative need” and that they “seek confidential and privileged information, as well as private and personal information that is not the legitimate target of a legislative subpoena.”
They asked Ingram to declare the subpoenas void because they fall outside of legislative subpoena power because they were issued after the legislative session ended, and because they violate the separation of powers provided for in the state Constitution. They also asked that the subpoenas be declared void because they seek privileged and confidential information. Finally, they asked that a judge permanently prohibit the committee members from pursuing or enforcing the subpoenas.
Lawyers representing the committee stated in a filing that Willis made use of the wrong legal avenue in order to challenge the subpoenas, saying she should have filed a motion if she wanted to quash them. The attorneys pointed out that neither Willis nor her legal team ever attempted to speak with the committee to make a formal request that the scope of the subpoenas be more focused. Nor did they ask for additional time to respond to the subpoenas or for the committee hearing to be postponed.
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