Former President Donald Trump is making a bold move in the aftermath of the failed 2020 election RICO case, initiated by Fulton County District Attorney Fani Willis. Trump’s legal team is requesting over $6 million in legal fees and costs, a demand backed by a new Georgia statute that compels compensation following a prosecutor’s disqualification due to “improper conduct.”

In a concise motion filed on Wednesday with Fulton County Superior Court Judge Scott McAfee, Trump’s primary defense attorney, Steve Sadow, included extensive documentation: 200 pages detailing invoices and billable hours from various legal firms and service providers. The total, a staggering $6,261,613.08, is argued to be the responsibility of Willis and the taxpayers, according to the Official Code of Georgia Annotated § 17-11-6.

Grand total of fees and costs Trump seeks from Fani Willis (court exhibit).

This legislation, signed into law by Republican Governor Brian Kemp in May, unequivocally mandates reimbursement from Willis’ office, essentially leaving the debate focused on the exact amount to be awarded. The law emerged as a direct response to the legal proceedings against Trump and several others, including notable figures like Rudy Giuliani and Mark Meadows.

This legal maneuver is reminiscent of recent actions by U.S. Senate Republicans, who attempted to establish a legal pathway for suing the federal government over unauthorized access to phone data related to the January 6 events. This proposal aimed to secure up to $500,000 per infringement.

In a significant development in December 2024, the Georgia Court of Appeals found that Judge McAfee erred in a prior ruling. The court had previously forced Willis and Nathan Wade, her specially appointed prosecutor with whom she was romantically involved, to choose between their positions, citing a “significant appearance of impropriety.” This ruling has now been overturned, further complicating the legal aftermath of the case.

Instead, the appeals court said, McAfee “erred by failing to disqualify DA Willis and her office” because this was a “rare case” where the “significant appearance of impropriety” alone meant Willis and her office should be “wholly disqualified.”

As recently as September, the Georgia Supreme Court declined to review and reverse Willis’ disqualification from the case, sealing her fate. As the clock ticked ever closer to a deadline in mid-November for the state to come up with a new prosecutor, or else McAfee would simply toss the case, Prosecuting Attorneys’ Council of Georgia Executive Director Peter Skandalakis appointed himself as “District Attorney Pro Tempore.”

At the time, it appeared the move was a precursor to a formal nolle prosequi abandoning the case, and that’s exactly what happened less than two weeks later.

“[A]fter a thorough examination of the case file, consideration of applicable statutory and case law, and prior to submission to a jury, the State hereby moves for entry of a Nolle Prosequi for the following reason: to serve the interests of justice and promote judicial finality,” Skandalakis’ motion in favor of dropping the prosecution said.

McAfee swiftly entered the nolle prosequi for Trump and “all remaining defendants,” and “dismissed” the case “in its entirety.”

That result took place less than 45 days ago, which matters under § 17-11-6, as Sadow’s “timely filed” motion for fees and costs stated. Pointing out that the law’s “shall” language “mandates such recovery when a prosecuting attorney is disqualified due to improper conduct and the case is dismissed,” the motion bashed Willis’ “politically motivated, lengthy investigation” and kept score.

“This dismissal paves the way for the award of reasonable attorney fees and litigation expenses,” the motion said. “Each of the necessary elements have been met: DA Willis was disqualified based upon improper conduct, the criminal case was dismissed, and the criminal case was pending when the statute went into effect. This motion is timely filed.”

The motion additionally contemplated Trump’s former co-defendants availing themselves of the same reimbursement mechanism.

“President Trump intends to adopt the motions for attorney fees and costs filed by his co-defendants,” a footnote said. “He will do so in a separate pleading after all such motions are filed.”

Under the statute, if the prosecutor — in this case, Willis — in a felony or misdemeanor case is “disqualified due to improper conduct on the part of such prosecuting attorney” and the case is “dismissed by the court or a subsequent prosecutor tasked with prosecuting such case following such disqualification,” as has happened, then “any defendant against whom such charges are dismissed shall be entitled to an award of all reasonable attorney’s fees and costs incurred by the defendant in defending the case.”

Thus, under the law, Trump “shall” deserve an award of “all” fees and costs, provided that those are “reasonable,” and provided that he filed his motion “within 45 days of the final termination of the underlying criminal case.”

The assigned judge, McAfee, “shall consider and determine such motion for reasonable attorney’s fees and costs without a jury and shall award such reasonable attorney’s fees and costs as provided for under this Code section to such defendant” — and whatever the final number to be paid ends up being, that will come from the “funds of the office of the prosecuting attorney as budgeted by the county or counties comprising the judicial circuit of such prosecuting attorney,” the statute goes on.

In comment to Law&Crime, Sadow said the Willis case was “rightfully dismissed.”

“In accordance with Georgia law, President Trump has moved the Court to award reasonable attorney fees and costs incurred in his defense of the politically motivated, and now rightfully dismissed case brought by disqualified Fani Willis,” the longtime defense attorney said.

Last month, during an interview with Atlanta News First about the dismissal, Sadow said it was his position that Trump and his allies were charged for protected First Amendment activity.

Praising Skandalakis for his fairness and impartiality as a prosecutor, Sadow said Willis “brought” this case’s outcome “upon herself.”