Agency asks for more time to appoint new prosecutor in Georgia election case against Trump

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ATLANTA (AP) — The head of a nonpartisan agency tasked with finding a prosecutor to take over the Georgia election interference case against President Donald Trump and others is asking for more time after a judge set a two-week deadline for that appointment to be made.

Fulton County Superior Court Judge Scott McAfee, who's overseeing the case, wrote in an order Friday that if the Prosecuting Attorneys' Council doesn't appoint a new prosecutor or request a “particularized extension” within 14 days, he would dismiss it. The fate of the case has been in limbo since Fulton County District Attorney Fani Willis was disqualified from continuing the prosecution over an “appearance of impropriety” caused by a romantic relationship she had with the lead prosecutor.

Pete Skandalakis, executive director of the Prosecuting Attorneys' Council, said in a court filing Monday that his office has yet to receive the physical case file and does not expect to receive it for about four weeks. He asked McAfee to reconsider his order or to give him at least 90 days after he receives the case file to appoint a new prosecutor.

Without the case file, Skandalakis wrote that he “cannot intelligently answer questions of anyone requested to take the appointment or to do his own due diligence in finding a prosecutor who is not encumbered by a significant appearance of impropriety.”

He noted the case is one of 21 waiting to have a prosecutor assigned by his office. So far in 2025, he wrote, 448 criminal matters have been referred to his office because of a conflict of interest or a recusal by the relevant elected prosecutor.

“Each case requires individual review and assignment due to the unique nature of conflicts and the facts and circumstances of the particular case,” he wrote. Because of the complexity of the election case and the extensive resources required to handle it, “it will require time” to find someone to take it on, the filing says.

Even if a new prosecutor is named, it is unlikely that any prosecution against Trump could move forward while he is the sitting president. But there are 14 other people still facing charges in the case, including former White House chief of staff Mark Meadows and former New York mayor and Trump attorney Rudy Giuliani.

If a new prosecutor is named, that person could continue on the track that Willis had charted, decide to pursue only some charges or dismiss the case altogether.

Willis announced the indictment against Trump and 18 others in August 2023. She used the state’s anti-racketeering law to allege a wide-ranging conspiracy to try to illegally overturn Trump’s narrow loss to Democrat Joe Biden in the 2020 presidential election in Georgia.

Defense attorneys sought Willis’ removal after the revelation in January 2024 that she had engaged in a romantic relationship with Nathan Wade, the special prosecutor she had hired to lead the case. The defense attorneys said the relationship created a conflict of interest, alleging that Willis personally profited from the case when Wade used his earnings to pay for vacations the pair took.

McAfee rebuked Willis, saying in an order in March 2024 that her actions showed a “tremendous lapse in judgment.” But he said he did not find a conflict of interest that would disqualify Willis. He ultimately ruled that Willis could remain on the case if Wade resigned, which the special prosecutor did hours later.

Defense attorneys appealed that ruling, and the Georgia Court of Appeals removed Willis from the case in December, citing an “appearance of impropriety.” The high court last month declined to hear Willis’ appeal, putting the case in the lap of the Prosecuting Attorneys’ Council.