Georgia prosecutors seek 90-day extension for Trump election case

Georgia prosecutors have requested a 90-day extension to appoint a new lawyer in the election interference case against President Donald Trump and 14 co-defendants, citing a backlog and the complexity of the case.

The Council of State Attorneys of Georgia (PACGA) was tasked with replacing Fulton County District Attorney Fani Willis after she was permanently prosecuted in the case last month.

On Friday, council Executive Director Pete Skandalakis filed a request for an extension to appoint a District Attorney Pro Tempore, writing that the case is so important that PACGA does not expect to receive it for about four weeks, meaning an appointment may not arrive until January or February 2026.

President Donald Trump (left) and Fulton County District Attorney Fani Willis (right). Prosecutors in Georgia are seeking more time to appoint a new lawyer after Willis was disqualified from handling Trump’s election interference case. (Anna Moneymaker/Getty Images; Alex Slitz-Pool/Getty Images)

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Skandalakis asked the court for up to 90 days after receiving the complete file to make an appointment.

He said the board currently manages 21 pending appointments and had handled 448 conflict referrals across the state this year.

“Due to the complexity of this case and the extensive staff and resources required to handle a case of this nature, it will take time to request a district attorney from Tempore willing to take on this prosecution,” the motion states.

“Without having the record, the undersigned cannot intelligently answer the questions of anyone who has asked to make an appointment or do their own due diligence to find an attorney who is not hindered by a significant appearance of impropriety,” the motion said.

The request came three days after a Fulton County judge warned that the case could be dismissed “for lack of prosecution” unless a replacement prosecutor is named or a continuance is requested within 14 days, according to Fox Atlanta.

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While some early motions and hearings focused on Trump personally, the final disqualification applied to the entire case raised under Racketeer Influenced and Corrupted Organizations (RICO) – not just to Trump’s individual counts.

The new motion lists 15 defendants, including Trump, his personal attorney Rudy Giuliani, constitutional law professor John Eastman and former White House chief of staff Mark Meadows, among others. Four defendants have already pleaded guilty in the case.

A Georgia judge has ruled that state lawmakers can subpoena Fulton County District Attorney Fani Willis in an investigation into whether she engaged in misconduct during her prosecution of President-elect Donald Trump. (Alyssa Pointer)

In December, the Georgia Court of Appeals ruled that Willis and his office could not continue to pursue the case, citing an “appearance of impropriety” stemming from her romantic relationship with special prosecutor Nathan Wade.

Willis appealed to the Georgia Supreme Court in January, but last month the high court denied a 4-3 decision to take up the case. One judge did not participate and another was disqualified.

Skandalakis said last month that once a new prosecutor is named, it would be “up to him what to do with the case.”

This person could continue on the trail Willis had taken, pursue only a few charges, or dismiss the case altogether. Finding a prosecutor willing to handle it could be difficult, given its complexity and the resources required.

Even if a new prosecutor tries to follow Willis’ path, it appears Trump could be prosecuted now that he is the sitting president.

Willis’ indictment accused Trump of pressuring officials to overturn the 2020 vote in Georgia, organizing “fake voters” and harassing the election.

Next, Fulton County Special Prosecutor Nathan Wade testifies at a hearing in the case of State of Georgia v. Donald John Trump at the Fulton County Courthouse on February 15, 2024 in Atlanta, Georgia. In December, the Georgia Court of Appeals ruled that Willis and his office could not continue to pursue the case, citing an “appearance of impropriety” resulting from his romantic relationship with Wade. (Alyssa Pointer)

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A Fulton County grand jury indicted Trump and 18 others in August 2023, and Trump turned himself in to the Fulton County Jail on August 24. That’s when the now famous Mugshot was taken – the first of the American presidency.

During the Georgia case, It emerged that Willis was in a romantic relationship with Wade, the special prosecutor she had hired to help run the case.

The pair eventually admitted the relationship but argued it had no impact on the prosecution. Wade later resigned, but the controversy persisted and the Court of Appeals ruled that Willis and his entire office should be disqualified because of the appearance of impropriety.

The Associated Press contributed to this report.