Attorney wants court to demand Willis show up for Thursday hearing over open records lawsuit

ATLANTA — Attorney Ashleigh Merchant has filed a motion to try to Fulton County District Attorney Fani Willis to comply with a subpoena ordering her to testify on Thursday at an evidentiary hearing against Willis’ office.

In the filing, it said Willis’ social media accounts showed Willis was in Los Angeles attending a fundraising event for her reelection campaign.

“Counsel for Ms. Willis indicated yesterday that Ms. Willis did not intend to appear for the hearing, but that she might be willing to appear by Zoom if Plaintiff would agree,” the document said. “Today, counsel for Ms. Willis indicated she would not attend the hearing in person, would not attend the hearing by Zoom, and would not disclose any additional information about why she would not attend.”

Merchant said that Willis is “under lawful subpoena” to appear in court and legally needs to be in attendance for Thursday’s hearing. “She is simply flouting this Court’s lawful process, apparently intent on playing a game of chicken with the Court.”

The document says if she fails to show up, she is asking the court “for an order finding her in contempt and “and have her brought into custody.”

Thursday’s hearing revolves around a lawsuit that accuses the Fulton County District Attorney’s Office of violating the state Open Records Act.

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The lawsuit was initially submitted in January after Merchant questioned Willis on the stand about her relationship with former special prosecutor Nathan Wade.

The lawsuit claims that the Fulton County DA’s Office did not hand over requested documents involving Wade.

The Fulton County District Attorney’s Office argues that it isn’t an official entity covered by open records requests under Georgia law and that the plaintiff “is in possession of all responsive documents and all responsive records.”

Willis’ office filed and emergency motion to quash the subpoena by Merchant, saying, “The subpoena issued to District Attorney Willis has been issued solely for the purpose of harassment, embarrassment, and intimidation of District Attorney Willis and her staff by the legal counsel for criminal defendants who have an open criminal case in the Atlanta Judicial Circuit. The subpoena issued to District Attorney Willis is not calculated to lead to any evidence material to Plaintiff’s underlying open records request; and there are other sources with direct knowledge available to Plaintiff. Accordingly, the subpoena for District Attorney Willis should be quashed.”

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