After months of speculation, a judge may dismiss the Georgia election interference case if the Prosecuting Attorneys’ Council of Georgia fails to meet Friday’s deadline by naming a special prosecutor to replace Fani Willis.
Superior Court Judge Scott McAfee gave the Prosecuting Attorneys’ Council of Georgia until noon on November 14 to name a district attorney pro tempore. The council had asked for 110 days, saying it would need about four weeks to obtain the case file and another 90 days to review it.
The council’s executive director, Peter J. Skandalakis, had asked for more time, citing the case’s “complexity and size.” He said the council is already managing 21 pending appointments and has handled 448 conflict referrals statewide this year.
“The Prosecuting Attorneys’ Council of Georgia will diligently fulfill its responsibility under O.C.G.A. § 15-18-5 to appoint a District Attorney Pro Tempore,” Skandalakis wrote in the filing. He also warned that his office could not properly evaluate potential prosecutors until it receives the case file from the disqualified Fulton County District Attorney’s Office.
The judge’s order followed opposition filings from two defendants, Misty Hampton and John Eastman, who objected to the lengthy delay. McAfee agreed to a shorter timeline, writing that he would consider a motion to compel if the council needs parts of the file sooner.
The request came three days after McAfee warned that the case could be dismissed “for want of prosecution” unless a new prosecutor was appointed or an extension was requested within 14 days.
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The Georgia Court of Appeals previously disqualified Fulton County District Attorney Fani Willis over conflicts of interest involving her former special prosecutor, Nathan Wade. That decision left the state’s sweeping racketeering indictment — which accuses Trump, Rudy Giuliani, Mark Meadows, and others of conspiring to overturn Georgia’s 2020 election results — in limbo.
The case, filed in August 2023, remains one of the most closely watched criminal proceedings in the country.
Earlier this week, President Trump granted federal pardons to Lt. Governor Burt Jones, Rudy Giuliani and several others who were accused of supporting efforts to overturn the 2020 election in Georgia.
