Gov. Kemp says special session to remove DA Willis from election investigation will not happen

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ATLANTA — Gov. Brian Kemp said he will not call a special session to investigate, nor impeach Fulton County District Attorney Fani Willis.

Some Republican legislators continue to demand a special session to investigate Willis’ prosecution of former President Donald Trump and others on election interference charges.

But Kemp said Thursday that he doesn’t have the legal authority to call one and said he hasn’t seen that Willis has done anything illegal.

“The bottom line is that in the state of Georgia, as long as I’m governor, we’re going to follow the law and the constitution regardless of who it helps or harms politically,” Kemp said.

Far-right Republicans led by Trenton state Sen. Colton Moore have repeated calls to punish Willis for her prosecution of Trump and 18 others.

But in an email to the GOP caucus on Wednesday, House Speaker Jon Burns strongly cautioned against what he called “a reckless course of action.”

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“Targeting one specific DA in this manner certainly flouts the idea of separation of powers if not outright violates it,” Burns said.

Moore remained defiant on Thursday.

“I will continue to call for a special session up until the point we go into session, and I mean, to discount my voice and the 200,000 people I represent, is unconstitutional in itself,” Moore told Channel 2′s Richard Elliot. “This is why I’m pushing for a special session.”

Kemp refused to call a special session in 2020 despite intense pressure from Trump. He cited the same law when refusing to call for one now.

“Over the last few years, some inside and some outside of this building have forgotten that, but I can assure you, I have not,” Kemp said.

In a statement to Channel 2 Action News, Senate Majority Leader Steve Gooch said:

“I appreciate Governor Kemp’s comments earlier today regarding the impracticality of a special session and the misinformation that has been presented by one of our members. Only one Senator has signed onto a letter calling for a special session, knowing full well that Democrat votes would be needed to garner any result that constituents are calling for related to District Attorney Fani Willis. Unfortunately, that senator is using this opportunity to attack his colleagues and fundraise off the backs of those under these indictments.

“Let me be clear, SB 92 was not written because of Fani Willis. The original idea and the bill itself came well before the indictments. However, the overstepping of political boundaries by DA Willis has already been proven in court. She was reprimanded by a judge for raising money for the Lieutenant Governor’s political opponent and denied the opportunity for another sensationalized headline. Because of her own reckless actions throughout the investigation, I anticipate she will come under the scrutiny of the newly created Prosecuting Attorneys Qualifications Commission when they begin work October 1st.”

Kemp did criticize Willis’ prosecution, believing it’s political in nature and sows seeds of distrust, but added, he’s seen no evidence she’s done anything illegal.

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