Judge grants short extension to find new prosecutor in Trump Georgia election case

A Fulton County judge has granted Georgia prosecutors a limited extension to appoint a new attorney in the state’s election interference case against President Donald Trump and 14 co-defendants.

What we know:

In an order filed Wednesday afternoon, Superior Court Judge Scott McAfee gave the Prosecuting Attorneys’ Council of Georgia until noon on November 14 to name a district attorney pro tempore. The council had asked for 110 days, saying it would need about four weeks to obtain the case file and another 90 days to review it.

Loading PDF

What they're saying:

The ruling comes after the council’s executive director, Peter J. Skandalakis, asked for more time last week, citing the case’s "complexity and size." He said the council is already managing 21 pending appointments and has handled 448 conflict referrals statewide this year.

"The Prosecuting Attorneys’ Council of Georgia will diligently fulfill its responsibility under O.C.G.A. § 15-18-5 to appoint a District Attorney Pro Tempore," Skandalakis wrote in the filing. He also warned that his office could not properly evaluate potential prosecutors until it receives the case file from the disqualified Fulton County District Attorney’s Office.

The backstory:

The judge’s order followed opposition filings from two defendants, Misty Hampton and John Eastman, who objected to the lengthy delay. McAfee agreed to a shorter timeline, writing that he would consider a motion to compel if the council needs parts of the file sooner.

The request came three days after McAfee warned that the case could be dismissed "for want of prosecution" unless a new prosecutor was appointed or an extension was requested within 14 days.

The Georgia Court of Appeals previously disqualified Fulton County District Attorney Fani Willis over conflicts of interest involving her former special prosecutor, Nathan Wade. That decision left the state’s sweeping racketeering indictment — which accuses Trump, Rudy Giuliani, Mark Meadows, and others of conspiring to overturn Georgia’s 2020 election results — in limbo.

The case, filed in August 2023, remains one of the most closely watched criminal proceedings in the country.

The Source: The details in this article come from an order filed by Fulton County Superior Court Judge Scott McAfee. Previous FOX 5 Atlanta reporting was also used.

Fulton CountyCrime and Public Safety2020 ElectionDonald J. Trump