A Fulton County judge on Monday rejected the Fulton County District Attorney’s Office’s attempt to withhold payment from President Donald Trump, ruling that the office remains disqualified while allowing Fulton County itself to join the fight over nearly $17 million in legal fees sought by former defendants.
The decision from Superior Court Judge Scott McAfee sets up the next phase of litigation in the once-sweeping racketeering case, which collapsed after prosecutors dropped charges against Trump and several allies.
Fourteen former defendants — including Trump — are now seeking $16,853,810.28 in attorney’s fees and costs under a newly enacted Georgia law that allows defendants to recover expenses when a prosecutor is disqualified.
McAfee’s order makes clear that Fulton County District Attorney Fani Willis and her office cannot participate further in the dispute because they were previously removed from the case over conflicts of interest.
The fight over attorneys’ fees stems from the collapse of the sweeping 2023 racketeering indictment brought by Fulton County District Attorney Fani Willis against former President Donald Trump and more than a dozen allies.
Prosecutors had accused the group of participating in a coordinated effort to overturn Georgia’s 2020 presidential election results, alleging a wide-ranging conspiracy that included the creation of alternate electors and pressure on state officials.
But the case unraveled after the Georgia Court of Appeals disqualified Willis and her office over a conflict of interest involving her relationship with a special prosecutor hired to work on the case.
The ruling determined the situation created “an appearance of impropriety” that undermined public confidence in the prosecution.
With Willis removed and the case ultimately dropped, several former defendants moved to recover their legal expenses under a new Georgia law allowing reimbursement when a prosecutor is disqualified, setting up the ongoing dispute now before the court.
Court: Disqualified DA’s office can’t return to the case
In his ruling, McAfee said the Fulton County District Attorney’s Office failed to show it had a legal right to intervene in the proceedings.
The court found that the state is already represented by a district attorney pro tempore appointed after Willis’ disqualification, meaning the interests Willis cited — including potential financial impacts on the office’s budget — are already represented.
“Because the FCDA’s interests are adequately represented by the State, and as the office was “wholly disqualified,” the motion to intervene is denied,” McAfee wrote.
The judge also noted that many of the arguments Willis’ office raised would require defending the very prosecutorial decisions that the Georgia Court of Appeals determined were compromised by a conflict of interest.
Fulton County allowed to intervene
While Willis’ office was shut out, McAfee granted Fulton County’s request to intervene, allowing county officials to participate in the fight over the attorney-fee claims.
The county argued it has a direct financial stake in the outcome because it provides most of the funding for the district attorney’s office.
The judge agreed, writing that the “financial buck appears likely in some form to eventually stop at the county’s desk,” meaning taxpayers could ultimately bear the cost of any court-ordered payments.
McAfee said the county could provide important insight into budget issues and the relationship between the district attorney’s office and local government as the case moves forward.
Trump attorney praises ruling
Trump attorney Steve Sadow, posting on X, praised the judge’s decision.
“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,” Sadow wrote.
What happens next
The ruling clears the way for evidentiary hearings on the requested attorney’s fees, which could become one of the largest reimbursements ever tied to a dismissed criminal prosecution in Georgia.
McAfee said the court will hear arguments and review evidence from each of the 14 fee motions in chronological order to determine whether the legal costs claimed are reasonable.
The fee battle could test the scope of Georgia’s new law allowing defendants to recover legal costs when prosecutors are disqualified, a statute that has rarely been applied since taking effect in 2025.