Georgia DA Fani Willis Faces New Legal Setback in Trump Election Case

Fulton County District Attorney Fani Willis has encountered yet another significant obstacle in her ongoing legal battle involving former President Donald Trump and 18 co-defendants accused of trying to overturn Georgia’s 2020 election results. Already removed from overseeing the case due to ethical concerns, Willis now faces legislation that could force her office to cover the legal costs of those charged—if their cases are dismissed.

Georgia Governor Brian Kemp recently signed Senate Bill 244, a measure passed by the Republican-led legislature, that allows criminal defendants to seek reimbursement for attorney’s fees and legal costs if their prosecutors are disqualified due to misconduct and the charges are subsequently dropped.

The law comes in the wake of controversy surrounding Willis’ decision to appoint attorney Nathan Wade, with whom she had a personal relationship, as lead prosecutor in the Trump election interference case. The relationship, which many say presented a clear conflict of interest, led to her disqualification from the case.

While Willis is currently appealing the ruling that removed her from the case, critics are pointing to the new law as a direct response to what they argue was an abuse of prosecutorial power.

Trump’s lead defense attorney, Steve Sadow, praised the legislation in a statement to Forbes, saying, “This represents a major turning point in holding unethical, opportunistic, and deceitful prosecutors accountable for their misconduct.”

Though Trump has reportedly spent over $4.2 million in legal fees related to the Georgia case, he will not be eligible for reimbursement under the new law unless the charges against him are officially dismissed.

The state senator who sponsored the legislation, Bradley Beach, confirmed that the Trump case served as the inspiration for the bill. In an interview with The Atlanta Journal-Constitution, Beach emphasized that the law was crafted to protect defendants from politically motivated prosecutions rooted in questionable ethics.

Disqualification and Appeals

Willis’ legal troubles began in earnest when evidence surfaced about her prior relationship with Wade. The controversy prompted defense attorneys, including Ashleigh Merchant—who represents Michael Roman, a former Trump aide also indicted in the case—to challenge Willis’ objectivity. A Georgia appeals court agreed with those challenges, citing an “appearance of impropriety” and ruling that neither Willis nor her staff could continue leading the case.

Although the court did not go as far as to dismiss the charges against Trump and the other defendants, it ruled that Willis and her office lacked the authority to proceed.

In response, Willis filed an appeal with the Georgia Supreme Court in January, stating, “No Georgia court has ever disqualified a district attorney for the mere appearance of impropriety without the existence of an actual conflict of interest.” The state’s highest court has yet to announce whether it will hear the case.

Transparency Issues and Financial Penalties

Further complicating matters, Willis’ office was ordered in March to pay over $54,000 in attorney’s fees after violating Georgia’s Open Records Act. The violation stemmed from the DA’s failure to respond to public records requests submitted by Merchant, who was seeking internal communications and documents related to the Trump case.

In the court’s decision, the judge criticized Willis’ office for treating Merchant’s requests with “open hostility” and for demonstrating a “lack of good faith.” The ruling said that Merchant’s document requests were handled differently than others, raising questions about transparency and selective compliance.

This latest penalty has fueled further scrutiny of Willis’ conduct throughout the investigation and prosecution of Trump and his associates. Critics argue that the financial sanction is yet another sign of systemic issues within her office.

The Broader Case and Political Implications

Willis first brought the sweeping racketeering case in August 2023, alleging that Trump and his allies conspired to reverse President Joe Biden’s narrow win in Georgia. The case was considered one of the most comprehensive state-level efforts to hold Trump accountable for efforts to challenge the 2020 election.

Trump has consistently denied any wrongdoing and insists the charges are politically motivated. He and several co-defendants have accused Willis of using her office to elevate her political profile, pointing to media appearances and public comments made during the investigation.

Wade, the special prosecutor at the center of the controversy, resigned from the case in October 2024 amid mounting pressure. His departure, however, did not prevent the eventual removal of Willis herself.

As the legal drama continues to unfold, the future of the case remains uncertain. The Georgia Supreme Court’s decision on whether to hear Willis’ appeal could determine whether her disqualification becomes permanent—and whether the charges against Trump and others ultimately move forward under new leadership or face dismissal entirely.

In the meantime, Senate Bill 244 has opened the door for possible financial restitution for defendants who claim they were wrongly targeted by a prosecutor now facing intense public and legal scrutiny.