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Tipsheet

It Just Got Far Worse for Fani Willis

AP Photo/Brynn Anderson

Georgia's state Senate is forming a committee tasked with investigating anti-Trump DA Fani Willis. The investigative body, which will have six Republicans and three Democrats, has full subpoena power and the ability to require testimony given under oath.

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By a 30-19 vote, the GOP-led upper house of Georgia's General Assembly greenlighted the special committee's creation Friday, passing a resolution (S.R. 465) proposed by Republican state Sen. Greg Dolezal, who serves as the Senate's chief deputy whip.

According to the five-page legislation's Jan. 22 filing, "it has come to the attention of the Georgia Senate, through public reports and court filings," that the Fulton County district attorney is accused of prosecutorial misconduct involving the "expenditure of significant public funds" to hire special prosecutor Nathan Wade, whom Willis allegedly had—and may still have—an affair with

If the affair allegations are proven to be true, the "clandestine" relationship would constitute "a clear conflict of interest and a fraud upon the taxpayers of Fulton County and the State of Georgia," the bill says, and establish grounds for the DA's recusal from the prosecution, "potentially delaying it indefinitely." Willis would also be subject to discipline by the State Bar of Georgia.

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A select group of state senators will assemble, acting as a special committee, to conduct a legislative investigation examining Willis's actions. The nine-person panel possesses the statutory powers to call on any individual to testify under oath, take the depositions of witnesses, compel the production of evidentiary records, and issue subpoenas. Accordingly, the investigating committee is authorized to undertake actions deemed necessary to "enforce such subpoenas" when parties refuse to obey.

However, the committee—slated to convene as soon as this week—can't directly sanction Willis on any discoveries, WTVC reported. Should the panel find Willis guilty of wrongdoing, its members can recommend changes to the state law or budget.

During debate on the Senate floor, Georgia Democrats, who all voted against, afforded Willis and Wade the benefit of the doubt.

"All we've heard is allegations, and most of it comes from an ex-wife who's mad and wants to get some money," Democrat state Sen. David Lucas said, referring to the affair accusations detailed in Wade's divorce case. "We have a system. Let it play out."

"We've got a system to deal with it," Lucas stated, speaking in opposition to the bill. "But here we are (with) bedroom politics—allegations about somebody going somewhere, sleeping with somebody [...] Boy, I'm telling you," he continued, "y'all amaze me."

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"We've got better things to do," Lucas declared.

"It is political retribution," said state Sen. Elena Parent, a Democrat serving the Atlanta area.

Supporters of the measure argued that the pair abused tax dollars, as alleged in Trump co-defendant Mike Roman's bombshell court filing claiming that Wade, a contract private-practice attorney, used the money he had billed the DA's office to take Willis on lavish vacations. Wade, who has little experience prosecuting criminal cases, has reportedly been paid approximately $654,000.

"This has to do with following state funds," Republican state Sen. Matt Brass said. "We want to know where is our money going."

Republican state Sen. Brandon Beach called the "scheme" a "prosecution for personal profit."

"It's my hope that this investigative committee will use its subpoena power and subpoena witnesses and records to explore if state funds were spent on these lavish trips and fine dining (restaurants)," the GOP state senator said. "Did security details travel on these trips, and who paid for their expenses? Did Ms. Willis break any ethics law by not disclosing any gifts she received?"

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Willis and Wade are expected to be served subpoenas to testify at a Feb. 15 hearing on the affair accusations, which will determine whether the pair should be disqualified from the Georgia election fraud case against former President Donald Trump.

"We've got a lot of information. We've got a lot of documents and a lot of witnesses," Roman's defense attorney Ashleigh Merchant told CNN when asked if she intends to issue subpoenas for witness testimony at the upcoming hearing. Merchant said the evidence she presents at the hearing, including who she may call to the witness stand, will depend partly on what Willis says in response to the allegations. Ahead of the evidentiary hearing, the presiding judge has ordered Willis to respond to the claims in writing by Feb. 2. To date, neither Willis nor Wade has publicly addressed the "improper" relations allegations. Willis will likely fight any impending subpoenas. She is already attempting to quash a subpoena to be deposed in Wade's divorce proceedings.

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On the same day that the special committee was launched by the Georgia state Senate, over in the state's House of Representatives, Republican state Rep. Charlice Byrd officially introduced articles of impeachment against the Democrat DA.

Byrd, an outspoken Trump ally and currently the chairwoman of the Georgia Freedom Caucus, filed the impeachment papers Friday seeking to remove Willis from office for using her prosecutorial position "not to pursue justice but for political gain."

The 10-page House resolution alleges that Willis committed "acts of malfeasance, tyrannical partiality, and oppression" in the "wrongful" indictment of Trump and his 18 co-defendants, constituting "the severest case of gross abuse of discretion."

Byrd claims Willis "grossly violated" her oath of office, in which she swore "impartiality" "without fear" or "favor." Additionally, Byrd accuses Willis of engaging in an "inappropriate" and "unethical" relationship with Wade—relations from which she has "financially benefitted" and "profited," the Georgia Republican alleges, citing the DA's vow to take "only my lawful compensation."

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"Fani Willis has a laundry list of potential conflicts that make her unworthy and unfit to be the District Attorney in Fulton County," Byrd commented. "Someone elected to their office is expected to uphold the law and not weaponize their office for political gain. Since Day One when she was elected, Fani Willis has embarrassed the criminal justice system in Fulton County and our state."

Georgia's General Assembly hasn't impeached anyone in over 50 years, according to Fox 5 Atlanta. A two-thirds majority of the 56-seat state Senate is required to convict, which Republicans currently control less than two-thirds of. Although a Republican is likely to win a vacant seat, returning the GOP majority to 33 members, at least five Democrats would have to vote for conviction.

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