The criminal case against President Donald Trump and a number of other defendants over alleged election interference will be dismissed unless a new prosecutor is appointed in 14 days, according to the presiding judge.
The Georgia case relates to allegations that the defendants broke the law while attempting to overturn the 2020 presidential election result in the state.
Newsweek contacted the White House and the Fulton County District Attorney’s office for comment outside regular office hours.
Why It Matters
Following the 2020 presidential election, Trump insisted the contest had been rigged against him, though this allegation was repeatedly rejected in the courts and by independent election experts.
In November, following Trump’s victory in the 2024 election, special counsel Jack Smith announced that he was dropping criminal cases against the president-elect, who had been charged with election interference and the mishandling of classified documents.
If the Georgia case—which covers separate election interference charges—is likewise dismissed, it will be a major win for Trump and his allies, significantly reducing the legal pressure they face.
What To Know
In August 2023, Trump and a number of his associates, including former New York Mayor Rudy Giuliani, were indicted over allegations that they broke the law while attempting to overturn Joe Biden’s 2020 election victory in Georgia.
Trump was charged with 13 offenses, including violating Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act, though he strongly denied any wrongdoing.
On Friday, Fulton County Superior Judge Scott McAfee announced that the case against Trump and the other defendants would be dropped unless a new prosecutor was appointed within two weeks.
McAfee said that if the deadline was not met, the case would be dismissed “without prejudice”—meaning it could theoretically be brought back in the future.
Fulton County District Attorney Fani Willis initially prosecuted the case, but she was disqualified from it in December. Last month, the Georgia Supreme Court declined to hear her appeal.
In January 2024, a defendant alleged that Willis had been in a relationship with Nathan Wade, the special prosecutor she chose to run the case, and defense attorneys argued that their romantic involvement created a conflict of interest.
Wade and Willis insisted the relationship did not begin until after his appointment. In March 2024, McAfee ruled that Willis could remain on the case provided that Wade resigned, which he subsequently did. However, this was challenged by defense attorneys and reversed in December, leading to Willis’ removal from the case.
What People Are Saying
Judge Scott McAfee wrote in an order on Friday: “Should an appointed prosecuting attorney or representative of PAC [Prosecuting Attorneys’ Council of Georgia] fail to file an entry of appearance or request a particularized extension within 14 days from the entry of this Notice, the Court will issue a dismissal without prejudice for want of prosecution.”
A spokesperson for the Prosecuting Attorneys’ Council of Georgia told ABC News: “We have received the order and are reviewing it to provide a response to the court.”
What Happens Next
It remains to be seen whether a new prosecutor will be appointed for the case ahead of the deadline.
