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Georgia Prosecutor Challenges Fee Law Used by Trump as Unconstitutional

The filing argues the statute violates county due‑process rights by imposing unchallengeable payouts from prosecutor budgets.

Overview

  • Georgia Prosecuting Attorneys' Council Director Pete Skandalakis filed a response saying the new fee‑reimbursement statute is likely unconstitutional because counties cannot contest liability.
  • Skandalakis argued the law does not apply in this case because courts found only an appearance of impropriety in Fani Willis’ removal, not improper conduct.
  • Defendants requested nearly $17 million after the case was dismissed in November, including about $6.2 million sought by President Donald Trump.
  • The statute allows judges to award reasonable defense fees when a prosecutor is disqualified and a case is dismissed, with payment drawn from the prosecutor’s office budget.
  • Skandalakis urged the court to weigh lower standard conflict‑counsel rates of $66.57 and $125 per hour, while Trump’s attorney said the statute is constitutional and the critique is wrong.