Gov. Kemp Signs Legislation That Could Reimburse Trump For Fani Willis Case
Fulton County District Attorney Fani Willis has suffered yet another devastating setback in her crumbling case against President Donald J. Trump — and this time, the cost may fall directly on the shoulders of Georgia’s taxpayers.
Willis, the Democrat prosecutor who led a politically charged indictment against Trump and 18 others over their alleged attempts to "overturn" the 2020 election, was disqualified from the case following revelations of an inappropriate relationship with her handpicked special prosecutor Nathan Wade, whom she also paid handsomely using public funds.
Now, a new state law could force Georgia taxpayers to reimburse defendants for legal expenses in cases where a prosecutor is removed for misconduct.
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View PlansRepublican Governor Brian Kemp signed Senate Bill 244 into law after it was passed by the state legislature. The bill affirms that when a prosecutor is disqualified for unethical conduct, defendants who are cleared of charges are entitled to full reimbursement of “reasonable attorney’s fees and costs.”
“This represents a major turning point in holding unethical, opportunistic, and deceitful prosecutors accountable for their misconduct,” said Trump’s lead defense attorney Steven Sadow, speaking to Forbes.
The bill’s sponsor, State Sen. Bradley Beach, confirmed that the Trump case was a direct motivation for the legislation, according to The Atlanta Journal-Constitution.
While President Trump has not yet had the charges dismissed — a requirement before reimbursement under the law — the writing is on the wall. The Georgia Court of Appeals disqualified Willis in December, ruling that she and her office had “no authority to proceed” in the case due to the "appearance of impropriety" stemming from her personal and financial ties to Wade, who resigned in October.
Although the court did not throw out the indictment entirely, it dealt a significant blow to Willis' credibility and her office's ability to continue prosecution. Willis has since appealed her disqualification to the Georgia Supreme Court, which has not yet decided whether it will hear the case.
“No Georgia court has ever disqualified a district attorney for the mere appearance of impropriety without the existence of an actual conflict of interest,” Willis argued in her January appeal.
But that argument is ringing hollow amid a growing pattern of ethical violations. In March, Willis was also ordered to pay over $54,000 in attorney’s fees after her office was found in violation of Georgia’s Open Records Act. The penalty stemmed from Willis’ refusal to provide records requested by defense attorney Ashleigh Merchant, who represents Trump co-defendant and former White House aide Michael Roman.
The judge in that case accused Willis’ office of being “openly hostile” and acting in “bad faith” toward Merchant, noting that her document requests were “handled differently than other requests.”
Even left-leaning outlets like Newsweek have admitted the series of defeats represent a cascading downfall for the embattled DA. Trump, for his part, has repeatedly blasted the prosecution as a partisan witch hunt designed to interfere in the 2024 election — and the facts continue to back him up.
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View Plans“This is lawfare,” one Georgia GOP insider said. “Willis has weaponized her office for political gain, and now the people of Georgia may be forced to clean up her mess.”
Unless the Georgia Supreme Court intervenes, the state could soon be responsible for a portion of President Trump’s estimated $4.2 million in legal fees — all caused by a prosecutor who let her personal ambitions compromise the integrity of the justice system.