Fulton DA Willis seeks to block Georgia Senate subpoenas; 3 judges recuse from ruling

ATLANTA – Three judges have recused themselves from the case concerning Fulton County District Attorney Fani Willis’ attempt to block subpoenas requiring her to testify before a Georgia State Senate committee this week, according to court records.  

The subpoenas, issued by the State Senate Special Committee on Investigations, seek Willis’ testimony and documents related to her ongoing investigation into 2020 election interference and her relationship with Nathan Wade, a former special prosecutor. Willis filed for an injunction to halt the subpoenas, which demanded her appearance at a hearing on Friday. 

In a filing submitted on Sept. 4, Willis, represented by former Georgia Gov. Roy Barnes, argued that the subpoenas’ broad demands for documents would harm the prosecution’s case. She requested a permanent injunction to prevent enforcement of the subpoenas by the committee. 

Three Fulton County Superior Court judges have recused themselves from the case. Judges Craig Schwall, Sr. and Melynee Leftridge recused themselves last week, citing unspecified conflicts of interest. On Monday, Judge Scott McAfee also recused himself, noting his involvement in overseeing the election interference case against former President Donald Trump and others. 

McAfee, in his recusal order, wrote that given the overlap with the Georgia election interference case against Trump and others, his impartiality “might reasonably be questioned.” He directed the Fulton County Clerk of Court to randomly assign the matter to another judge. 

As of Tuesday, it remained unclear whether a new judge would be assigned in time to hear the case before Friday’s Senate hearing. It was also uncertain whether Willis would comply with the subpoenas if an injunction was not issued.