2020 Georgia election interference case unaffected by Trump pardons

Georgia’s 2020 election investigation is back in the headlines after President Donald Trump issued federal pardons to several of his allies accused of trying to overturn the election results. But the pardons have no effect on the state charges still pending in Georgia.

Rudy Giuliani, others pardoned by Trump

What we know:

Among those granted federal pardons were Rudy Giuliani, the former New York mayor and Trump’s personal attorney; Mark Meadows, Trump’s former White House chief of staff; and several other aides and campaign advisers accused of taking part in efforts to overturn the 2020 election results.

In Georgia, the pardons also extended to individuals linked to the so-called "alternate electors" plan, which sought to certify Trump as the winner despite his loss in the state. Several of those figures were named in the original Fulton County indictment, though they maintain they acted within their legal rights.

According to a former Fulton County prosecutor who spoke to FOX 5 Atlanta, those pardons cover only potential federal exposure, not state-level charges.

The 2020 Georgia election interference case

The backstory:

Originally led by Fulton County District Attorney Fani Willis, the case was built around accusations that President Trump and more than a dozen allies tried to unlawfully overturn his 2020 loss in Georgia through a "fake electors" scheme, false statements, and pressure on state officials.

Fulton County District Attorney Fani Willis speaks during a news conference at the Fulton County Government building on August 14, 2023 in Atlanta. (Photo by Joe Raedle/Getty Images)

The drama intensified when Willis was disqualified from the case earlier this year, following revelations about her personal relationship with a special prosecutor she hired to lead the investigation. A state appeals court upheld her removal, citing concerns over the appearance of impropriety, and transferred the case to the Prosecuting Attorneys’ Council of Georgia.

Judge Scott McAfee has since given the council until Friday to name a new special prosecutor or risk dismissal of the 41-count indictment. 

The delay has left the sprawling racketeering case in limbo, with defendants arguing that the prosecution has become politicized while supporters of the investigation say accountability for 2020 election interference must continue.

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Federal pardons vs. state charges

What they're saying:

According to a former Fulton County prosecutor who spoke to FOX 5 Atlanta, those pardons cover only potential federal exposure, not state-level charges.

The former prosecutor also said there is a key distinction between federal and state cases. The president can pardon federal offenses, the former prosecutor explained, but those powers don’t reach state-level crimes. Only Georgia’s governor or the state Board of Pardons and Paroles could grant clemency for violations of state law.

That means the defendants charged in Fulton County under Georgia’s racketeering statute remain subject to prosecution, even after the president’s sweeping federal pardons.

Burt Jones announces he is running for governor on Aug. 26, 2025.  (FOX 5)

Lieutenant Governor Burt Jones, one of the defendants who received a federal pardon, issued a campaign statement calling the case "a charade led by Joe Biden and Fani Willis," and said taxpayers deserve "an apology and a refund." Jones is running for Georgia governor in 2026, competing against fellow Republican and current Georgia Attorney General Chris Carr.

The case, once led by former Fulton County District Attorney Fani Willis, is currently stalled while the Prosecuting Attorneys’ Council of Georgia works to appoint a new special prosecutor. Fulton County Superior Court Judge Scott McAfee has given the council until Friday to name a replacement.

In a statement Monday, Executive Director Pete Skandalakis said, "We will continue to carry out our responsibilities without being influenced by matters outside the scope of our assigned task, with the goal of complying fully with Judge McAfee’s order."

Georgia's election interference case

Why you should care:

The case remains one of the most consequential state prosecutions in the country, testing the limits of how far state law can reach when federal pardons are issued. Legal experts say the outcome could shape future state-federal conflicts over election accountability.

Special prosecutor deadline Friday

What's next:

The Prosecuting Attorneys’ Council is expected to announce its decision by the court’s Friday deadline, a move that will determine whether Georgia’s election case moves forward or stalls indefinitely.

The Source: FOX 5 spoke with a former Fulton County prosecutor for this article. FOX 5 D.C., FOX News, and the Associated Press contributed to this report. Previous FOX 5 Atlanta reports were also used.

2020 ElectionDonald J. TrumpNewsFulton CountyCrime and Public Safety