If a Georgia judge signs off on a bid to disqualify Fulton County District Attorney Fani Willis from her racketeering case against former President Donald Trump and numerous co-defendants, it could delay any trial until well after the 2024 election — and possibly scuttle the charges altogether, legal experts told NBC News.
For a new prosecutor to take over the sprawling 15-defendant case would be a “massive undertaking,” said Amy Lee Copeland, a defense lawyer and former federal prosecutor in Georgia, adding that the theoretical new prosecutor could decide to amend the charges or even “decide not to pursue it.”
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If McAfee were to grant Roman’s motion, it would grind the case — which currently does not have a scheduled trial date — to a halt. If Willis were to be disqualified, her entire office would be as well, Copeland said.
Under a 2022 Georgia law, when a district attorney is disqualified, the case is referred to the executive director of the Prosecuting Attorneys’ Council of Georgia, who is tasked with finding another prosecutor for the case.
“If Judge McAfee signs an order disqualifying DA Willis, it becomes incumbent upon me to select a special prosecutor and appoint a special prosecutor,” the council’s executive director, Pete Skandalakis, told NBC News.
Skandalakis, a former district attorney, said his office would “begin by looking for who has the resources and capability — not only personnel and expertise but also financial” to handle such a case.
“The bigger the case, the more expense is involved,” he said. He would also be mindful of “geography — who’s closest to the site” — and “who has an extremely high caseload and who has a light caseload.”
“You’re looking for someone who’s a neutral arbiter and can make decisions based upon the evidence,” and ideally someone who wants to take the case, Skandalakis said.
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He said whoever takes over the case would be able to use the investigative work that’s already been completed by the DA’s office, but they’d also have the ability to do additional investigative work and to use — or discard — some or all of Willis’ indictment.
“You have to look at the case as if you’re starting from scratch,” he said.
What happens if Fulton County DA Fani Willis is disqualified from the Trump racketeering case?
If a judge disqualifies Willis, it would likely delay the case from going to trial this year — and could lead to the charges being tossed altogether.
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