Georgia prosecutors’ chief says Trump legal‑fees law likely unconstitutional in Fulton election case
Donald Trump has filed a motion seeking roughly $6.26 million in attorney fees under a 2025 Georgia statute after the Georgia Court of Appeals permanently barred DA Fani Willis and her office from the Fulton election prosecution and the case was dismissed; combined reimbursement requests from multiple defendants total nearly $17 million. Pete Skandalakis, now leading the matter, filed a brief saying the fee‑shifting law is likely unconstitutional—arguing it violates county due‑process and separation‑of‑powers protections and does not apply because Willis was removed for an “appearance of impropriety” rather than “improper conduct”—a position Willis’s office has echoed, while Trump’s lawyer says the statute is constitutional.
📌 Key Facts
- Donald Trump has filed a motion in Fulton County seeking $6,261,613.08 in attorney fees and costs; coverage describes this as “more than $6 million” or “more than $6.2 million.”
- Trump’s fee request is explicitly based on a 2025 Georgia law that lets defendants recover “all reasonable attorney’s fees and costs” when a prosecutor is disqualified for improper conduct.
- Defendants’ combined reimbursement requests tied to the prosecutions total nearly $17 million, which would come from Fulton County’s district attorney budget.
- The Georgia Court of Appeals permanently barred District Attorney Fani Willis and her office from the Trump prosecution over an “appearance of impropriety” tied to her romantic relationship with special prosecutor Nathan Wade; the election case was dismissed in November.
- Pete (Peter) Skandalakis, who was appointed after Willis’s disqualification and moved in November to dismiss the case as “futile and unproductive,” filed a brief arguing the 2025 fee‑shifting law is “probably unconstitutional.”
- Skandalakis contends the statute violates county governments’ due‑process rights by forcing them to pay fee awards without party status or a meaningful chance to contest liability, and he argues the law’s trigger—disqualification for “improper conduct”—was not met because Willis was removed for an “appearance of impropriety.”
- Willis’s office has itself filed a motion in another defendant’s case arguing the statute raises separation‑of‑powers and due‑process concerns and could unduly burden Fulton County taxpayers.
- Trump’s Georgia lead lawyer Steve Sadow responded that the law is constitutional and said Skandalakis is “simply wrong.”
📊 Relevant Data
In a 2025 survey of 67 elected chief prosecutors across 28 US states, 63% identified as White, 24% as Black, 3% as Asian, and 2% as Hispanic/Latino/a.
Diversity in Prosecution — Prosecutorial Performance Indicators
No prosecutor in Georgia has ever been disqualified for forensic misconduct, as stated in a March 2024 court filing by Fulton County District Attorney Fani Willis.
Trump case hangs in balance as judge mulls DA Willis' disqualification — ABC News
Georgia Senate Bill 244 was amended in 2025 to include a provision allowing defendants to recover attorney fees when a prosecutor is disqualified for improper conduct, with the amendment inspired by the handling of the Trump election interference case and combined with wrongful conviction compensation reforms.
Georgia House OKs bill to overhaul wrongly convicted payout after splicing to Trump-inspired vehicle — Georgia Recorder
📰 Source Timeline (4)
Follow how coverage of this story developed over time
- Pete Skandalakis, executive director of the Georgia Prosecuting Attorneys' Council and current lead on the case, filed a brief arguing the new Georgia fee‑shifting law is "probably unconstitutional."
- Skandalakis says the statute violates county governments’ due‑process rights because it forces them to pay fee awards without giving them party status or a meaningful chance to contest liability.
- He argues the law only applies when a prosecutor is disqualified for "improper conduct," while Fani Willis was removed based on an "appearance of impropriety," so the statutory trigger has not been met.
- The filing notes Trump is seeking more than $6.2 million and that defendants’ combined reimbursement requests total nearly $17 million from Fulton County’s DA budget.
- Trump’s Georgia lead lawyer Steve Sadow responded that the law is constitutional and that Skandalakis is "simply wrong."
- Confirms that Trump has formally filed a motion in Fulton County seeking $6,261,613.08 in attorney fees and costs from District Attorney Fani Willis’s office.
- Clarifies that the request is explicitly based on a 2025 Georgia law allowing defendants to recover 'all reasonable attorney's fees and costs' when a prosecutor is disqualified for improper conduct and the case is dismissed.
- Notes that Willis’s office has already filed a motion in another defendant’s case arguing the statute raises separation‑of‑powers and due‑process concerns and could burden Fulton County taxpayers.
- Recaps that the Georgia Court of Appeals permanently barred Willis and her office from the Trump prosecution over an 'appearance of impropriety' linked to her romantic relationship with special prosecutor Nathan Wade, after which the election case was dismissed in November.
- Axios reports the fee request as "more than $6 million" in legal fees, a slightly rounded figure compared with the $6.2 million cited elsewhere.
- Article reiterates that the new Georgia reimbursement law passed last year is widely seen as a response to Trump’s prosecution in the state.
- Confirms the procedural posture: Peter Skandalakis, appointed after Fani Willis was disqualified, moved to dismiss the case in November as "futile and unproductive" given Trump’s reelection and legal complexities.