A Georgia judge has denied Fulton County District Attorney Fani Willis's motion to intervene in a dispute over nearly $17 million in attorneys' fees sought by Donald Trump and co-defendants in a dismissed election interference case. The ruling stems from Willis's prior disqualification for improper conduct under a new state law. The case will proceed to a bench trial without her participation.
Fulton County Superior Court Judge Scott McAfee ruled on Monday that Fani Willis, who was disqualified from the underlying racketeering case against Donald Trump in late December 2024, cannot intervene in related proceedings over attorneys' fees. The decision addresses motions filed by Trump and 13 other former defendants seeking reimbursement totaling approximately $16.85 million under Georgia's SB 224, a law enacted in 2025. This statute allows defendants to recover costs if a prosecutor is removed for improper conduct, a measure passed by Republican legislators following the unraveling of Willis's case throughout 2024.
Trump's legal team submitted claims for $6.26 million, supported by 200 pages of invoices, while other defendants sought more than $10.79 million. The original RICO prosecution, which had stalled months earlier, was formally dismissed in November 2025 by a prosecutor appointed after Willis's removal, in the interests of justice. Trump's motion argued that all elements for fee recovery were met: disqualification due to improper conduct, case dismissal, and the law's applicability at the time.
Willis sought to stay the proceedings, contending that the new statute lacks a defined process beyond a bench trial and that her absence would deny due process, potentially leading to errors in challenging fee reasonableness from her office's budget. McAfee rejected this, stating Willis is wholly disqualified and cannot represent the district attorney's interests. Instead, the state's Prosecuting Attorneys' Council (PAC) will handle that role, and Fulton County may intervene as the primary funder of the DA's office.
The judge acknowledged the unprecedented nature of the situation, noting 'novelty abounds.' Evidentiary hearings on the claims will follow in filing order. Trump's Georgia attorney, Steve Sadow, welcomed the ruling, saying on X: 'Judge McAfee has properly denied DA Willis' motion to intervene in POTUS' action for reimbursement of attorney fees because her disqualification for improper conduct bars Willis and her office from any further participation in this dismissed, lawfare case.'
