Georgia challenges Trump’s $6.2M legal fee request calling law ‘unconstitutional’

FULTON COUNTY, Ga. - It appears the Georgia election interference case will not go away anytime soon. The State of Georgia has responded to the defendants' request for reimbursement of legal fees, arguing that the underlying law is unconstitutional.

Trump requests reimbursement in RICO case

What we know:

Peter Skandalakis, the prosecutor who took over the case following the disqualification of Fulton County District Attorney Fani Willis, issued the written response on Wednesday. In it, he questioned the validity of the law, signaling a challenge that could reach the Georgia Supreme Court.

Former President Donald Trump and his co-defendants requested nearly $17 million in fees shortly after the RICO case was dismissed by a state judge in November 2025. The request cites a new state law that allows defendants whose cases were dismissed due to prosecutorial misconduct to seek reimbursement.

Timeline: Fulton County DA Fani Willis, Nathan Wade controversy

State responds to reimbursement request

What they're saying:

Before addressing the constitutionality of the law, Skandalakis argued that the statute does not apply to this case because misconduct was never proven. He noted that the court in this case found only a "perception or appearance" of impropriety, rather than actual misconduct. He also questioned who would represent the state in the fee dispute, as prosecutors are typically limited to criminal matters.

Skandalakis then addressed the constitutionality of the law, arguing that because district attorneys are state officers rather than county employees, counties should not be forced to pay.

Read the state's full response

"O.C.G.A. § 17-11-6 is probably unconstitutional because it leaves county governments – entities that are politically and practically separate from the elected District Attorney – responsible for paying costs that do not involve them, without any legal recourse to contest that responsibility," Skandalakis wrote. "O.C.G.A. § 17-11-6 therefore denies county governments due process of law under both the Federal and Georgia constitutions."

He further argued that since the money would be drawn from county-allocated funding, the law unfairly impacts a party not involved in the litigation.

The 14-page response concludes by stating that Skandalakis cannot reply to the defendants' request due to these "serious and potentially unconstitutional deficiencies."

"For the reasons given, unless this Court directs otherwise, the State lacks authority to respond to specific claims made by the Defendants," Skandalakis wrote.

Trump responds

The other side:

President Trump's attorney, Steve Sadow, responded to Skandalakis in a statement to FOX 5. 

"President Trump’s position is that Mr. Skandalakis’ contentions are simply wrong. The statute, 17-11-6, passed bipartisanly by the GA legislature and signed by the Governor in May 2025, is constitutional, and DA Willis was disqualified for improper conduct as noted by the trial court and the GA Court of Appeals."