ATLANTA - The Georgia Court of Appeals’ decision to disqualify Fulton County District Attorney Fani Willis from continuing the election interference case against Donald Trump and more than a dozen allies has thrown the prosecution into jeopardy, with a judge warning Friday that the charges could soon be dismissed if a new prosecutor is not appointed.
What we know:
A notice filed in Fulton County Superior Court said the case will be tossed "for want of prosecution" unless the Prosecuting Attorneys’ Council of Georgia names a replacement or requests an extension within 14 days. The filing applies to Trump and 14 co-defendants still facing racketeering and other charges tied to efforts to overturn Georgia’s 2020 election results.
The ruling follows a unanimous decision by the Court of Appeals last month that Willis’ office was barred from handling the case due to conflicts of interest stemming from her relationship with a former special prosecutor. The appellate panel left the door open for another office to take over, but the timeline now puts the future of the sprawling indictment in doubt.
What's next:
The Prosecuting Attorneys’ Council, which oversees district attorneys across the state, has not indicated whether it will step in. If it declines or fails to act, Judge Scott McAfee wrote, dismissal would come "without prejudice," meaning the charges could be refiled in the future.
SEE ALSO: Fulton DA Fani Willis agrees to testify before Georgia Senate panel
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Fulton DA Fani Willis to testify before state Senate
Fulton County District Attorney Fani Willis has agreed to testify before a special Georgia Senate committee investigating her handling of the election interference case against President Donald Trump.
Why you should care:
According to Fox News and AP reporting, the Fulton County prosecution has long been seen as one of the most sweeping criminal cases facing the president. Friday’s notice signals it may now collapse entirely unless a new office takes over.
The backstory:
Trump has pleaded not guilty and denounced the Fulton County case as politically motivated. His lawyers and several co-defendants had sought Willis’ removal for months, a fight that reached the state’s highest courts before Friday’s dismissal warning.
The indictment, handed up in August 2023, charged Trump, former New York Mayor Rudy Giuliani, former White House chief of staff Mark Meadows and others with racketeering, alleging a coordinated effort to keep Trump in power after Joe Biden’s win in Georgia.
The Source: The details in this article come from court filings in the Superior Court of Fulton County. Previous FOX 5 Atlanta reporting was also used. FOX News and the Associated Press contributed to this report.