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Georgia prosecutors have requested a 90-day extension to appoint a new attorney in the election interference case against President Donald Trump and 14 co-defendants, citing a heavy backlog and the case’s complexity.
The Prosecuting Attorneys’ Council of Georgia has been tasked with replacing Fulton County District Attorney Fani Willis after she was permanently sidelined from prosecuting the case against last month.
The council’s executive director, Pete Skandalakis, filed an extension request on Friday to name a district attorney pro tempore, writing that said the case file is so large that PACGA doesn’t expect to receive it for about four weeks, meaning an appointment may not come until January or February 2026.
President Donald Trump (left) and Fulton County District Attorney Fani Willis (right). Prosecutors in Georgia are seeking more time to appoint a new attorney after Willis was disqualified from handling Trump’s election interference case. (Anna Moneymaker/Getty Images; Alex Slitz-Pool/Getty Images)
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Skandalakis asked the court for up to 90 days after receiving the full case file to make that appointment.
He said the council is currently managing 21 pending appointments and has handled 448 conflict referrals statewide so far this year.
“Due to the complexity of this case and the vast personnel and resources required to handle a case of this nature, it will require time to seek a District Attorney Pro Tempore willing to take on this prosecution,” the motion reads.
“Without having the file, the undersigned cannot intelligently answer questions of anyone requested to take the appointment or to do his own diligence in finding a prosecutor who is not encumbered by a significant appearance of impropriety,” the motion adds.
The request came three days after a Fulton County judge warned that the case could be dismissed “for want of prosecution” unless a replacement prosecutor was named or an extension was requested within 14 days, according to Fox Atlanta.
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While some early motions and hearings focused on Trump personally, the final disqualification applied to the entire case brought under the Racketeer Influenced and Corrupt Organizations (RICO) Act — not just to Trump’s individual counts.
The new motion lists all 15 defendants, including Trump, his personal attorney Rudy Giuliani, constitutional law professor John Eastman, and former White House Chief of Staff Mark Meadows, among others. Four defendants have already pleaded guilty in the case.
A Georgia judge has ruled that state lawmakers can subpoena Fulton County District Attorney Fani Willis as part of an inquiry into whether she has engaged in misconduct during her prosecution of Trump. (Alyssa Pointer)
The Georgia Court of Appeals in December ruled that Willis and her office could not continue to prosecute the case, citing an “appearance of impropriety” stemming from her romantic relationship with special prosecutor Nathan Wade.
Willis appealed to the Georgia Supreme Court in January, but last month the high court declined in a 4-3 decision to take up the case. One judge didn’t participate and another was disqualified.
Skandalakis said last month that once a new prosecutor is appointed it will be “up to him or her what to do with the case.”
That person could continue on the track Willis had taken, pursue only some charges, or dismiss the case altogether. Finding a prosecutor willing to handle it could be difficult, given its complexity and the resources required.
Even if a new prosecutor tries to follow Willis’ path, it seems unlikely Trump could be prosecuted now that he is the sitting president.
Willis’ indictment accused Trump of pressuring officials to overturn the 2020 vote in Georgia, organizing “fake electors” and harassing election workers.
Then Fulton County Special Prosecutor Nathan Wade testifies during a hearing in the case of the State of Georgia v. Donald John Trump at the Fulton County Courthouse on Feb. 15, 2024, in Atlanta, Georgia. The Georgia Court of Appeals in December ruled that Willis and her office could not continue to prosecute the case, citing an “appearance of impropriety” stemming from her romantic relationship with Wade. (Alyssa Pointer)
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A Fulton County grand jury indicted Trump and 18 others in August 2023, and Trump surrendered at the Fulton County Jail on Aug. 24. That’s when the now-famous mugshot was taken — the first ever for a U.S. president.
During the Georgia case, it came to light that Willis was in a romantic relationship with Wade, the special prosecutor she had hired to help lead the case.
The pair eventually acknowledged the relationship but argued it had no impact on the prosecution. Wade later resigned, but the controversy persisted and the Court of Appeals ruled Willis and her entire office had to be disqualified due to the appearance of impropriety.
The Associated Press contributed to this report.
