(Georgia Recorder) — A new Georgia law clarifies the power of legislative committees to issue subpoenas following a legal battle between Republican state senators and Democratic Fulton County District Attorney Fani Willis.
The signing of Senate Bill 255 by Gov. Brian Kemp on Wednesday enacted a law that defines the power of state legislative committees to compel witnesses to testify and provide evidence.
Kemp issued an unusual signing statement warning state lawmakers to use the new law with discretion. The statement says that the law provides clear procedures for issuing subpoenas rather than creating new responsibilities for the General Assembly.
Kemp urged lawmakers to proceed with caution when using the tool for investigations.
“The General Assembly has a well-earned reputation for putting the business of legislating—and the people of Georgia—first,” Kemp wrote. “Americans of all political leanings have lamented the ineffectiveness of the United States Congress, in no small part due to the abundance of politically motivated ‘investigations’ which only generate sound bites and distract from important legislation.”
Athens Sen. Bill Cowsert introduced the bill this year as a response to a prolonged legal battle as Willis refused to appear before a special committee he chairs investigating Willis for potential financial and ethical violations related to the Fulton County 2020 election interference investigation.
Republican supporters of the new law claim that it does not expand current legislative powers, but rather explains how committees are able to legally exercise their subpoena powers.
Democratic lawmakers opposed the bill, citing the possibility that investigative legislative committees would misuse their subpoena powers against perceived political opponents, such as elected officials and public advocacy groups.
Under the new law, any dispute over the enforcement of the state lawmakers’ subpoena would be resolved by a local superior court.
The Senate Special Committee on Investigations case is at a standstill awaiting a final court order to determine whether Willis will be required to testify. The committee is also requesting that Willis turn over a trove of documents and other evidence as of their investigation.
Willis came under fire last year when she admitted to a romantic relationship with the special prosecutor she hired to lead the sweeping felony election interference case following former President Joe Biden’s 2020 election victory over Republican Donald Trump.
The Fulton district attorney was disqualified last year due to prosecutorial misconduct allegations involving her romantic relationship with Nathan Wade, the special prosecutor who brought the case against Trump and 18 of his allies accused of illegally trying to overturn Georgia’s election results.
Cowsert’s Senate Special Committee on Investigations is expected to expand its list of targets this year as it opens a probe into the relationship between Stacey Abrams and New Georgia Project following a Jan. 15 settlement in a 2019 case alleging illegal campaign contributions to Abrams’ 2018 Democratic gubernatorial campaign.
Cowsert, a lawyer, launched his campaign to become Georgia’s next attorney general this spring by proclaiming his “fearless commitment to law and order” which included leading investigations into allegations of unethical conduct by Willis and financial improprieties between Abrams-related groups.
“DA Fani Willis, NY AG Letitia James, and other partisan prosecutors have undermined public confidence in the fairness of our criminal justice system,” Cowsert said. “Their abuse of power is a threat to the rule of law, and it’s time to put an end to the weaponization of our justice system.”
