Georgia judge to dismiss Trump election interference case if new prosecutor isn't soon appointed
The alleged 2020 election interference case against President Donald Trump in Georgia has been in limbo since the removal of Fulton County District Attorney Fani Willis, as well as the prohibition against criminally prosecuting a sitting president while in office.
That beleaguered case is now on the verge of being formally dismissed by the presiding judge, unless a new lead prosecuting attorney is named in the coming weeks, according to MSNBC.
The judge initially set a two-week deadline for a new prosecutor to be appointed, and though that date was subsequently extended by a few more weeks, it appears that the Georgia case against Trump is destined to be shut down for good in the near future.
Two-week deadline set
Last week, the Atlanta Journal-Constitution reported that Fulton Superior Court Judge Scott McAfee ordered on Friday that the nonpartisan Prosecuting Attorneys Council of Georgia had just two weeks to name a new prosecutor to replace Fulton County DA Willis on the alleged 2020 election interference case.
McAfee wrote, "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 entry of this Notice, the Court will issue a dismissal without prejudice for want of prosecution."
MSNBC noted that the judge's inclusion of the "particularized" modifier for an extension request suggested that he would only entertain granting more time if a legitimate and specific reason was given for why a prosecutor hadn't been named, and the case shouldn't be summarily dismissed.
Extension requested
On Monday, the Council's executive director, Peter Skandalakis, filed a four-page motion requesting additional time to appoint a new prosecutor and provided several reasons why such an extension was necessary.
"Currently, this matter is one of twenty-one (21) that are currently awaiting appointment by the undersigned," Skandalakis wrote. "To date in 2025, four hundred forty-eight (448) criminal matters have been referred due to a conflict of interest or recusal by the 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 further noted that because of the "complexity" and "vast personnel and resources required to handle a case of this nature," more time was needed to find not only a prosecutor willing to take up the case, but also because "additional inquiries must be made that could potentially disqualify likely candidates."
Skandalakis also revealed that he still had not received the full case file from DA Willis' office, and didn't expect it for at least another month, without which "the undersigned cannot intelligently answer questions of anyone requested to take the appointment or to do his own diligence in finding a prosecutor who is not encumbered by a significant appearance of impropriety."
As such, he asked Judge McAfee to reconsider his order or extend the deadline for another 90 days to provide him with sufficient time to continue his search for a replacement prosecutor.
Extension granted
According to ABC News, Judge McAfee issued a new order on Wednesday that extended the deadline for Skandalakis to November 14, which was far less than the extra three months that had been requested.
Whether that is an adequate timeframe for the selection of a new prosecutor who is not just willing to take on the complex election interference case but can also withstand scrutiny over potential conflicts of interest remains to be seen.
Furthermore, even if a new prosecutor is eventually appointed and the case isn't summarily dismissed, it likely won't impact President Trump, who is likely protected from such prosecution, thanks in part to the Supreme Court's ruling last year on presidential immunity as well as the prohibition against prosecuting a sitting president -- though none of that applies to the more than a dozen other co-defendants in the case.