Judge Denies DA Fani Willis's Motion to Intervene in Trump Legal Fee Reimbursement Case
WASHINGTON, D.C. — Fulton County District Attorney Fani Willis encountered a procedural setback when U.S. District Judge Scott McAfee rejected her office’s request to intervene in ongoing litigation regarding the reimbursement of legal fees to former President Donald Trump and several co-defendants. The underlying criminal case against Trump and 18 others, brought under Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act, was dismissed last year after Willis was disqualified due to a conflict of interest.
The disqualification resulted from Willis’ romantic relationship with special prosecutor Nathan Wade. After the Georgia Court of Appeals and ultimately the state Supreme Court upheld the disqualification, the case was dismissed. A 2025 Georgia law permits defendants to seek recovery of attorney fees when a prosecutor is disqualified and the case is subsequently dismissed. Trump and co-defendants are seeking reimbursement of nearly $17 million in total legal expenses, with Trump individually requesting over $6.2 million.
Judge McAfee ruled that the Fulton County District Attorney’s Office lacked standing to intervene because Willis had already been removed from the case and a temporary prosecutor had been appointed to represent the state’s interests. However, the judge allowed Fulton County itself to intervene, noting that the county funds most of the district attorney’s office and could ultimately be responsible for any ordered reimbursements. The court has not yet ruled on the merits of the fee claims or whether they are reasonable under the statute.
The decision permits the reimbursement proceedings to advance. McAfee previously expressed concerns about certain public statements made by the district attorney’s office that could prejudice potential jurors, though he has not issued sanctions at this stage. Willis’ legal team had argued that the state law allowing fee recovery was unconstitutional and that her disqualification was not the reason for the case’s dismissal. The judge declined to pause the reimbursement process pending further review.
Trump attorney Steve Sadow described the ruling as a proper denial of Willis’ attempt to intervene. The next phase of the litigation will involve assessing the reasonableness of the requested fees, a process that could take weeks or months and may lead to appeals. These developments have renewed public debate over the handling of high-profile election-related prosecutions and the financial accountability of prosecutors’ offices when cases are dismissed on procedural grounds.
No criminal charges have been filed against Willis personally in connection with the original case or the fee litigation. The Fulton County District Attorney’s Office has not issued a public statement on the latest ruling. The case continues to draw national attention as an example of the legal and financial consequences that can follow from prosecutorial disqualifications in politically sensitive matters. Both supporters and critics of Willis have weighed in on the broader implications for public trust in the justice system and the use of taxpayer funds.
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