Georgia Senate Investigations Panel Seeks Clarifications on Prosecutorial Ethics, Forfeiture Use and Campaign-Finance Questions

A Georgia Senate investigative subcommittee on Feb. 13 heard a briefing from committee counsel Josh Belafonte that outlined possible legislative options to clarify prosecutors’ ethical standards, the use and funding of special assistant district attorneys and gaps in campaign-finance enforcement.

Belafonte summarized the committee’s charge under several Senate resolutions, reviewed recent litigation that the Georgia Supreme Court dismissed as moot, and flagged two contrasting recusal orders in the Fulton County election-related prosecutions as raising unsettled legal questions about conflicts and the “appearance of impropriety.” "If the district attorney comes and does testify, there would be nothing left for the Supreme Court to decide," Belafonte told the committee.

The presentation identified a set of potential findings the committee may consider: whether Georgia should adopt a higher or clearer ethical standard for prosecutors; how to define conflicts of interest in political prosecutions; the proper role, transparency and funding source for special assistant district attorneys (SADAs); and whether the state’s campaign-finance registration and coordination rules need statutory clarification. Belafonte noted existing guidance from the U.S. Department of Justice and the American Bar Association but said those sources are not statutory law in Georgia.

Senator Dolezal pressed for follow-up on several items, citing internal accounting and billing records he said show an "earned media" valuation over $600,000,000 and questioning whether forfeiture or taxpayer funds were used to pay contracted attorneys. He also asked about billing entries described as "8-hour" meetings and whether those entries and apparent White House coordination should be part of the committee's inquiry. Belafonte replied those are appropriate areas for additional testimony and documentary evidence.

The committee chair said subpoenas have been served on Nathan Wade and that Jeff DeSantis agreed to accept his subpoena electronically; both are represented and have requested delays to prepare testimony, which counsel is negotiating. The chair said the committee expects witness appearances within two to three weeks but acknowledged scheduling uncertainty and planned follow-up sessions, likely on Fridays, to accommodate the legislative calendar.

Belafonte also supplied a timeline request: the Fulton County special grand jury was convened Jan. 24, 2022; it began receiving evidence in June 2022; its report was submitted Dec. 15 (year as noted in the record); the special grand jury was dissolved Jan. 9, 2023; and indictments were returned Aug. 14, 2023. The committee requested a copy of the special grand jury report for its record.

No formal votes or motions on legislation were taken at the hearing. Members were invited to submit proposed statutory language and research suggestions ahead of the next meeting, which the chair said will likely be scheduled for Feb. 21 or Feb. 27.

The committee adjourned after instructing counsel to refine the visual timeline and to seek documents and additional witnesses, including representatives of district attorneys’ organizations and state court solicitors, to present on funding, ethics rules and enforcement mechanisms.