New prosecutor takes on Trump's Georgia election case after Fani Willis disqualified

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Criminal defense attorney on Fani Willis: It's ‘telling' that she's holding onto Trump election interference case

Criminal defense attorney Ashleigh Merchant joins 'Fox News @ Night' to discuss a Georgia court disqualifying Fulton County District Attorney Fani Willis from prosecuting President-elect Donald Trump in his election interference case.

The head of the Georgia Prosecuting Attorneys' Council revealed on Friday that he appointed himself to take over the election case in Georgia against President Donald Trump and several others, a move that comes after Fulton County District Attorney Fani Willis was disqualified from it.

The council's director, Peter Skandalakis, said he would take the case on after he was unable to find another prosecutor to do it.

"The filing of this appointment reflects my inability to secure another conflict prosecutor to assume responsibility for this case," Skandalakis said. "Several prosecutors were contacted and, while all were respectful and professional, each declined the appointment."

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Fani Willis, Fulton County district attorney, at the Fulton County Courthouse in Atlanta, Georgia, on Friday, March 1, 2024. (Alex Slitz/AP/Bloomberg via Getty Images)

Willis charged Trump and 18 co-defendants in August 2023 with racketeering and other violations involving interfering with the 2020 election, but the case was whittled down significantly because of plea deals and dismissed charges.

The biggest blow to the prosecution came last year, however, when the Georgia Court of Appeals disqualified Willis, finding that she had an undisclosed romantic relationship with her lead prosecutor, Nathan Wade, and that it presented a conflict of interest. Her disqualification flipped the case into the hands of the state agency to decide what to do with it.

Fulton County special prosecutor Nathan Wade testifies during a hearing in the case of the State of Georgia v. Donald Trump at the Fulton County Courthouse on February 15, 2024, in Atlanta, Georgia. (Alyssa Pointer)

Legal experts had long predicted that finding a new prosecutor to step in and take on the sprawling, complex racketeering case against Trump and his allies would be difficult. Skandalakis said he wanted to do it to avoid the court dismissing the charges because of a lack of a prosecutor.

"The public has a legitimate interest in the outcome of this case. Accordingly, it is important that someone make an informed and transparent determination about how best to proceed," Skandalakis said.

Court action against Trump while he is a sitting president is unlikely, but some of his co-defendants still facing charges, including former White House chief of staff Mark Meadows and former New York City Mayor Rudy Giuliani, do not have that same type of protection.

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President Donald Trump speaks with then-White House chief of staff Mark Meadows as they depart the White House on Sept. 12, 2020, in Washington, D.C. (Photo by ALEX EDELMAN/AFP via Getty Images)

Trump this week pardoned Meadows, Giuliani and others facing accusations related to the 2020 election, but the president’s clemency only applies to federal charges.

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Trump's defense lawyer Steve Sadow said in a statement he expects the Georgia case will still be tossed out.

"This politically charged prosecution has to come to an end," Sadow said. "We remain confident that a fair and impartial review will lead to a dismissal of the case against President Trump."

Claudia Kelly-Bazan contributed to this report.