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Judge Denies Fani Willis’ Attempt to Withhold Payment as Co-Defendants Seek Nearly $17 Million in Legal Fees
A Fulton County judge on Monday rejected District Attorney Fani Willis’ attempt to block payment of nearly $17 million in legal fees sought by President Donald Trump and 13 former co-defendants, ruling that her office remains disqualified from any further participation in the now-dismissed election interference case .
Superior Court Judge Scott McAfee’s decision sets up the next phase of litigation in what was once a sweeping racketeering prosecution, which collapsed after prosecutors dropped all charges against Trump and his allies following Willis’ disqualification .
The Fee Fight
Fourteen former defendants — including Trump — are now seeking $16,853,810.28 in attorney’s fees and costs under a Georgia law enacted in May 2025 that allows defendants to recover legal expenses when a prosecutor is disqualified . Trump alone is seeking more than $6.2 million .
The reimbursement fight stems from the complete unraveling of Willis’ 2023 racketeering indictment, which accused Trump and 18 allies of participating in a coordinated effort to overturn Georgia’s 2020 presidential election results . The case collapsed after the Georgia Court of Appeals disqualified Willis and her office over a conflict of interest involving her romantic relationship with special prosecutor Nathan Wade, finding it created “an appearance of impropriety” .
With Willis removed and the Prosecuting Attorneys’ Council later dismissing all charges in November 2025, former defendants moved to recover their legal expenses under the new statute .
Court: Disqualified DA’s Office Cannot Return
In his nine-page order, McAfee ruled that the Fulton County District Attorney’s Office failed to show it had a legal right to intervene in the proceedings . Because the office was “wholly disqualified” by the appeals court, it cannot now return to defend its past charging decisions .
The judge noted 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 adequately represented . McAfee also observed that many arguments Willis’ office raised would require defending the very prosecutorial decisions that the appeals court determined were compromised by a conflict of interest .
Fulton County Allowed to Intervene
While shutting out Willis’ office, 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 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 .
Reactions and Next Steps
Trump attorney Steve Sadow praised the decision, posting on X: “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” .
Willis’ office immediately signaled its intent to fight the ruling. “We believe the decision is wrong, and we have already filed a notice of appeal,” her office said late Monday . Counsel for Willis also filed a motion for a “certificate of immediate review,” arguing that barring them from the litigation violates “fundamental notions of due process” .
Willis had previously warned that paying the millions being sought would strip her office of a “significant percentage (perhaps all) of its annual budget” .
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, which has rarely been applied since taking effect in 2025 . If Willis’ appeal proceeds, it could further delay the evidentiary hearings scheduled to vet the multi-million dollar claims
