Graphic: Fani Willis, Donald J. Trump
ATLANTA - Fulton County Superior Court Judge Scott McAfee has blocked District Attorney Fani Willis’s office from intervening in a high-stakes battle over $16.8 million in attorney’s fees stemming from the Georgia election interference racketeering case.
Despite Willis being blocked, Fulton County will be allowed to join the fray.
This is the latest twist in the racketeering case against President Donald Trump and 13 others.
Trump Georgia election interference RICO case
The backstory:
The Georgia election interference case against President Donald Trump and multiple other co-defendants, which began with a high-profile racketeering indictment in August 2023, has reached a point of "judicial finality" following its total dismissal in late 2025. The sprawling case, once centered on allegations of a criminal enterprise to overturn the 2020 election, collapsed on Nov. 26, 2025, after a series of disqualifications, appeals, and shifting jurisdictional boundaries following Trump’s re-election.
The downfall of the prosecution followed a tumultuous period marked by the removal of Fulton County District Attorney Fani Willis for an "appearance of impropriety" regarding a romantic relationship with special prosecutor Nathan Wade. Though the case was briefly handed to the Prosecuting Attorneys’ Council of Georgia, special prosecutor Peter Skandalakis ultimately dropped all charges, citing the interests of justice and the legal immunity of a sitting president. Now, the battlefield has shifted from criminal charges to a multi-million-dollar financial dispute, as Trump and his former co-defendants seek nearly $17 million in legal fees from Fulton County under a newly enacted state law.
A ‘novel’ Georgia law
What we know:
The latest dispute centers on a "novel" Georgia law which allows former defendants to seek legal costs after a prosecutor is disqualified.
In a nine-page order, McAfee denied the Fulton County District Attorney’s Office a seat at the table. The judge ruled that because the office was "wholly disqualified" due to a conflict of interest, it cannot now return to defend its past charging decisions.
McAfee noted that the district attorney’s interests are already "adequately represented" by the Prosecuting Attorneys’ Council (PAC), which took over the case following Willis’s removal.
Fulton County can join case
What they're saying:
However, the judge reached a different conclusion for Fulton County as a corporate entity. Because the county provides the "overwhelming source of funding" for the DA’s office, McAfee determined the "financial buck" for the $16.8 million demand would likely stop at the county’s desk.
"Novelty abounds," McAfee wrote, noting that the court must now navigate uncharted procedural waters to determine if the $16.8 million in requested fees, spanning 14 different defendants, is reasonable.
What does the law say?
Dig deeper:
Georgia Gov. Brian Kemp signed the landmark compensation measure that creates a first-of-its-kind mechanism for defendants to recoup legal fees in cases involving prosecutorial misconduct on May 14, 2025.
The new law, known as Senate Bill 244, also provides a financial lifeline to the wrongfully convicted by guaranteeing individuals "$75,000 for every year of wrongful imprisonment."
The legislation was passed in 2025 as part of a broader wave of judicial reforms. Beyond compensating those who were imprisoned for crimes they did not commit, the bill allows defendants to seek reimbursement for attorney’s fees if a district attorney is disqualified from their case.
DA Fani Willis filed motion
The other side:
Hours after the order was filed, Willis’s office submitted a motion for a "certificate of immediate review," signaling an intent to appeal the exclusion to a higher court.
The DA's office argued that barring them from the litigation violates "fundamental notions of due process." Counsel for Willis, Andrea Alabi, wrote that the proceedings seek to take money directly from the DA’s budget "without her participation."
The DA's office is also requesting a stay of all proceedings until an appellate court can weigh in. If granted, the move could further delay the evidentiary hearings scheduled to vet the multi-million dollar fee claims.
What we don't know:
No word on when or if Judge McAfee would rule on the new motion.
The Source: The article's details are sourced from a nine-page judicial order by Fulton County Superior Court Judge Scott McAfee and a subsequent legal motion filed by District Attorney Fani Willis's office.