Trump Turns Kemp’s New Law Against Fani Willis, Seeking $6.2 Million After Georgia Case Collapse
After Fani Willis is removed over an ethics scandal and no other DA will touch the election case, a Republican-appointed prosecutor drops the charges, and Trump moves to send Fulton County the bill
President Donald Trump has filed a motion in Fulton County Superior Court seeking more than $6.2 million in reimbursement for legal fees from District Attorney Fani Willis’ office, relying on a 2025 Georgia statute that lets defendants recover costs when a prosecutor is disqualified and the case is later dismissed. The move could leave Fulton County taxpayers exposed to a multimillion‑dollar bill.
The motion comes after the state’s election interference case against Trump collapsed, following the removal of Willis over an ethics scandal and the decision by her replacement not to move forward with the prosecution. The dispute now sits at the intersection of election accountability, prosecutorial conduct, and the financial burden on metro Atlanta residents.
From RICO indictment to collapse
In August 2023, a Fulton County grand jury indicted Trump and 18 allies on racketeering and related charges, accusing them of participating in a criminal enterprise to overturn his narrow 2020 election loss in Georgia.
The indictment followed a lengthy special grand jury investigation that examined pressure on state officials, efforts to organize fake slates of electors, and alleged harassment of election workers. The case was thrown off course when it emerged that Willis had hired attorney Nathan Wade, with whom she had a romantic relationship, as a special prosecutor in the Trump matter.
An appeals court ultimately ruled that this created an improper conflict, and in 2025 the Georgia Supreme Court declined to reinstate Willis, effectively removing her office from the case.
No other DA wanted the case
After Willis’ removal, the Prosecuting Attorneys’ Council of Georgia (PAC) was tasked with assigning the case to another district attorney, but no elected DA in the state agreed to take on the sprawling, politically charged prosecution. Eventually, PAC Executive Director Pete Skandalakis, a former Republican district attorney, assumed responsibility for the case.
Within weeks of taking over, Skandalakis announced he would not pursue the charges against Trump or his co‑defendants, saying the evidence was insufficient to proceed to trial. The dismissal effectively ended Georgia’s only state criminal case against Trump arising from his efforts to challenge the 2020 results.
The “find 11,780 votes” call
At the heart of the original indictment is Trump’s January 2, 2021, phone call with Georgia Secretary of State Brad Raffensperger, during which Trump urged him to “find 11,780 votes” — one more than Joe Biden’s certified margin of victory in the state. The recorded call and its transcript became central pieces of evidence and flashpoints in public debate over Trump’s intent.
Supporters of the prosecution argue that the call, along with other conduct, shows Trump was attempting to pressure state officials to alter legitimate results and undermine the will of Georgia voters. Trump and his allies maintain that the conversation has been taken out of context and that he was pressing for a fair review of alleged irregularities under his First Amendment rights.
Kemp’s fee law and Trump’s reimbursement bid
The statute Trump is invoking was part of a 2025 legislative package backed by Governor Brian Kemp that reshaped when attorney’s fees can be shifted in Georgia, including in situations where prosecutors are removed for misconduct and their cases fail. The governor’s office has described the broader package as a “commonsense” civil‑justice reform effort.
Trump’s motion contends that Willis’ disqualification, combined with the ultimate dismissal of the prosecution, entitles him to recover more than $6.2 million in legal fees and litigation costs from her office’s budget. Local reporting notes that other former defendants could also seek reimbursement, meaning total exposure for Fulton County could reach into the tens of millions of dollars.
Willis has argued in court filings and statements that the fee‑shifting law is unconstitutional, warning it could chill prosecutors from bringing complex or politically sensitive cases against powerful figures. Supporters of the law counter that it provides a necessary check when prosecutors overstep or violate ethical rules.
What’s at stake for Atlanta and Fulton County
If a judge grants Trump’s request and other related fee petitions, Fulton County taxpayers could be responsible for a substantial payout at a time when the local justice system faces ongoing funding pressures. The outcome will test Kemp‑era reforms, the boundaries of prosecutorial independence, and the financial consequences of high‑profile political cases for metro Atlanta residents.
Even with the criminal charges dismissed, the fight over Trump’s legal fees ensures that Georgia’s 2020 election battles will continue to play out in Atlanta’s courts — with both political power and public money on the line.
