Thread by @PhilHollowayEsq

BREAKING 🚨🚨

@AshleighMerchan files Motion for Contempt of Court against Fulton DA #FaniWillis

"According to social media posts, as of September 17, 2024, Ms. Willis was in Los Angeles, California attending fundraising events for her re-election campaign"

"Ms. Willis is under lawful subpoena, and she has not filed a motion to quash, nor could she. She is simply flouting this Court’s lawful process, apparently intent on playing a game of chicken with the Court"

"Following the September 5, 2024 hearing, counsel for Ms. Willis indicated that, “[i]f the witness has been properly served, there is no need to have them reserved.” (See Exhibit E). Plaintiff followed up and asked if counsel for Ms. Willis had any reason to believe a witness for the prior hearing had not been properly served so that we would have time to correct any deficiency in service"

"Now that Plaintiff knows for certain that Ms. Willis does not intend to comply with her lawful subpoena, Plaintiff respectfully moves the Court for an order requiring her attendance at tomorrow’s evidentiary hearing"

“it is clear that the plain language of the statute indicates that a motion to
quash must be made before a trial court may modify a subpoena and that the motion must be made prior to the time specified for compliance in the subpoena.”

"But, more importantly, with no opposition to the subpoenas lodged with this Court, Ms. Willis is required to appear for the hearing"

"Ms. Willis has not provided any reason for why she is refusing to appear pursuant to lawful subpoenas"

"Ms. Willis has known at least since early August that her attendance at this evidentiary hearing was required, and yet she apparently decided to travel to California for fundraising events instead"

While a sanction imposed for a civil contempt violation may be ongoing without definite end in order to gain compliance with the court’s directive, by contrast “[c]riminal contempt is . . . a violation of the law, a public wrong which is punishable by fine or imprisonment or both.”

"Since Ms. Willis’ conduct is necessarily delaying the administration of justice in this case since the final hearing will have to be continued for her to testify and given her consistent flouting of the rules governing her appearance, the Court has no choice but to hold her in civil contempt for failing to appear for a subpoena"

"Accordingly, and to ensure that nobody is viewed by the public as being above the law, Plaintiff respectfully requests that the Court enter an order requiring Ms. Willis to appear to testify at the hearing tomorrow. Should she not do so, Plaintiff asks this Court to order her to appear and, if she fails to do so, Plaintiff moves this Court for an order finding her in contempt and demanding her appearance"

Image having Ashleigh as your nemesis 😝😝