ATLANTA — A judge says that the agency tasked with finding a prosecutor to take over the Georgia election interference case against President Donald Trump and others can have a little more time, but not as much time as it wanted.
What will happen to the case has been uncertain since Fulton County District Attorney Fani Willis was disqualified from continuing the prosecution over an “appearance of impropriety” caused by a romantic relationship she had with a prosecutor she hired.
Fulton County Superior Court Judge Scott McAfee earlier this month said that if the Prosecuting Attorneys’ Council didn’t appoint a new prosecutor or request a “particularized extension” within 14 days, he would dismiss the case. But Pete Skandalakis, the council’s executive director said Monday in a court filing that his office had yet to receive the physical case file and didn’t expect to receive it for about four weeks. He asked McAfee to reconsider his order or to give him at least 90 days after he receives the case file to appoint a new prosecutor.
Wednesday, McAfee gave Skandalakis less than half the time he had requested, setting a new deadline of Nov. 14. The judge said that if Skandalakis requests it, he would sign an order to force Willis’ office to hand over the investigative file more quickly.
Without the case file, Skandalakis has said that he “cannot intelligently answer questions of anyone requested to take the appointment or to do his own due diligence in finding a prosecutor who is not encumbered by a significant appearance of impropriety.” He wrote that because of the complexity of the election case and the extensive resources required to handle it, “it will require time” to find someone to take it over.
Even if a new prosecutor is named, it is unlikely that any prosecution against Trump could move forward while he is the sitting president. But there are 14 other people still facing charges in the case, including former White House chief of staff Mark Meadows and former New York mayor and Trump attorney Rudy Giuliani. If a new prosecutor is named, that person could continue on the track that Willis had charted, decide to pursue only some charges or dismiss the case altogether.
Willis announced the indictment against Trump and 18 others in August 2023. She used the state’s anti-racketeering law to allege a wide-ranging conspiracy to try to illegally overturn Trump’s narrow loss to Democrat Joe Biden in the 2020 presidential election in Georgia.
Defense attorneys sought Willis’ removal after the revelation in January 2024 that she had engaged in a romantic relationship with Nathan Wade, the special prosecutor she had hired to lead the case. The defense attorneys said the relationship created a conflict of interest, alleging that Willis personally profited from the case when Wade used his earnings to pay for vacations the pair took.
McAfee rebuked Willis, saying in an order in March 2024 that her actions showed a “tremendous lapse in judgment.” But he said he did not find a conflict of interest that would disqualify Willis. He ultimately ruled that Willis could remain on the case if Wade resigned, which the special prosecutor did hours later.
Defense attorneys appealed that ruling, and the Georgia Court of Appeals removed Willis from the case in December, citing an “appearance of impropriety.” The high court last month declined to hear Willis’ appeal, putting the case in the lap of the Prosecuting Attorneys’ Council.
