ATLANTA – The judge overseeing the Georgia election interference case involving President Donald Trump and others has indicated he will drop the case if a new prosecutor isn’t appointed within 14 days.
Fulton County Superior Judge Scott McAfee issued the deadline in a brief order on Friday. The responsibility of appointing a new prosecutor now lies with the Prosecuting Attorneys’ Council of Georgia, following the disqualification of Fulton County District Attorney Fani Willis from the case.
The judge stated, “If an appointed prosecuting attorney or representative of PAC does not file an appearance or request an extension within 14 days from the notice, the Court will dismiss the case without prejudice due to lack of prosecution.”
Pete Skandalakis, executive director of the nonpartisan group supporting prosecutors statewide, has yet to respond to requests for comment regarding this pressing deadline.
When Willis announced the indictment against Trump and 18 others in August 2023, it was the broadest of four criminal cases filed against the former president within five months. She employed the state’s anti-racketeering statute to claim a vast conspiracy aimed at unlawfully overturning Trump’s narrow defeat to Democrat Joe Biden in Georgia’s 2020 presidential election.
Even if a new prosecutor is appointed within the two-week frame, advancing any prosecution against Trump is improbable while he remains in office. Nonetheless, 14 other individuals still face charges, including ex-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.
Defense attorneys sought Willis’ removal after one of them revealed in January 2024 that Willis 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.
During an extraordinary hearing the following month, Willis and Wade both testified about the intimate details of their personal relationship. They maintained that their romance didn’t begin until after Wade was hired and said that they split the costs for vacations and other outings.
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.
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