Judge sets 14-day deadline for appointment of new prosecutor in Georgia election case against Trump

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ATLANTA (AP) — The judge overseeing the Georgia election interference case against President Donald Trump and others says he will dismiss the case in 14 days if a new prosecutor hasn't been appointed to take it over.

Fulton County Superior Judge Scott McAfee set the deadline in a one-paragraph order Friday afternoon. It is up to the Prosecuting Attorneys' Council of Georgia to name a prosecutor for the case after Fulton County District Attorney Fani Willis was disqualified from continuing the prosecution.

“Should an appointed prosecuting attorney or representative of PAC fail to file an entry of appearance or request a particularized extension within 14 days from the entry of this Notice, the Court will issue a dismissal without prejudice for want of prosecution,” the judge wrote.

Pete Skandalakis, executive director of the nonpartisan organization that supports prosecutors around the state, did not immediately respond to voice, text and email messages seeking comment Friday about the tight deadline.

When Willis announced the indictment against Trump and 18 others in August 2023, the nearly 100-page indictment was the most sweeping of four criminal cases brought against the then-former president in a span of five months. 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.

Even if a new prosecutor is named within the two-week deadline 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.

Defense attorneys sought Willis' removal after one of them revealed in January 2024 that Willis 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.

During an extraordinary hearing the following month, Willis and Wade both testified about the intimate details of their personal relationship. They maintained that their romance didn't begin until after Wade was hired and said that they split the costs for vacations and other outings.

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.