A judge in Georgia has denied an attempt by Fani Willis, the District Attorney of Fulton County, to intervene in ongoing litigation concerning the recovery of legal fees tied to the now-dismissed election case against Donald Trump and several co-defendants.
The ruling, issued by Scott McAfee of the Fulton County Superior Court, allows efforts to recover nearly $17 million in attorney fees and related costs to move forward following the collapse of the high-profile prosecution last year. In August 2023, Trump and 18 other individuals were indicted in Fulton County on allegations that they participated in a coordinated effort to overturn the narrow 2020 presidential election victory of Joe Biden in Georgia. However, the case was dismissed in November after legal challenges, leading Trump and several co-defendants to pursue reimbursement for the legal expenses they incurred while defending against the charges. Willis’s office sought to intervene in the subsequent litigation in an effort to block the reimbursement claims. Judge McAfee, however, ruled that the District Attorney’s office lacked legal standing to participate in the matter because Willis had previously been disqualified from the case. In his decision, McAfee noted that the state’s interests are already represented by a temporary district attorney appointed after Willis’s removal, making additional participation by her office unnecessary. While denying Willis’s request, the court did grant Fulton County permission to intervene. The county funds much of the District Attorney’s office and could ultimately bear financial responsibility if the court orders reimbursement. The dispute centers on a Georgia law enacted in 2025 that allows defendants to recover attorney fees when a prosecutor is disqualified and the case is subsequently dismissed. If the claims are approved, the ruling could have significant financial implications for local taxpayers. Trump alone is seeking more than $6.2 million in attorney fees from the Fulton County District Attorney’s Office under the statute.
