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First witness testifies in open records dispute involving DA Fani Willis as she seeks ‘emergency’ order blocking subpoena

Defense attorney Ashleigh Merchant asked a court to enforce the subpoena.

ATLANTA — Update as of 5:00 p.m.: On Thursday, Fulton County Judge Rachel Krause heard from the first witness in a hearing over an open records dispute involving Fulton County District Attorney Fani Willis. 

Defense attorney Ashleigh Merchant has accused Willis of "hiding documents" related to a media monitoring company, alleging the district attorney used taxpayer dollars to pay for it. In a court filing earlier this week, she asked a judge to enforce a subpoena and compel Willis to testify at Thursday's hearing under threat of contempt.

"We have a right to know where that money goes; It doesn't have to be related to any case -- I can just be curious. I'm a taxpayer," Merchant said at Thursday's hearing.

Merchant also represents Michael Roman in the ongoing Fulton County 2020 election interference case.

Lawyers for the county claimed that subpoenas haven't been properly served and that the Merchant Law Firm is harassing the district attorney and her office. 

On Thursday, the judge did not rule on Merchant's request to compel Willis to testify. The D.A. did not appear in court Thursday.

The first witness who did appear Thursday was Dexter Bond Jr., who is the Deputy of Operations at the Fulton County District Attorney's Office. He had multiple back and forth exchanges with Merchant as she questioned him about email communications related to the media monitoring company. 

The hearing concluded and is expected to start back up on Friday around 10 a.m.

Earlier: 

Thursday's hearing comes a day after Willis asked a judge for an “emergency” order blocking a subpoena requesting her testimony in an ongoing open records dispute, according to a Wednesday court filing obtained by 11Alive.

The subpoena, issued by Merchant, sought Willis’ sworn testimony at a hearing on Thursday in a running legal clash over Georgia’s open records law. Merchant alleges the D.A.'s office has deliberately flouted the state open records law. The D.A.'s office, disputing that, has called the case an effort to harass the D.A.

Merchant shared copies of her and Willis’ recent court filings. The Fulton County District Attorney's Office did not respond to a request for comment. 

The defense attorney, in her filing, asked a Fulton County judge to enforce the subpoena and compel Willis to testify at a hearing scheduled for this morning.

“Plaintiff is seeking nothing more than to have the law apply equally to Ms. Willis just like it applies to every other witness who is subpoenaed to appear in a court of law in this State,” wrote Merchant.

The district attorney, via her lawyer, argued the subpoena was legally deficient and attacked Merchant’s motives.

“The subpoena issued to District Attorney Willis has been issued solely for the purpose of harassment, embarrassment, and intimidation of District Attorney Willis,” her attorney wrote.

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