Judge threatens to dismiss Trump Georgia case in 14 days if new prosecutor is not assigned

McAfee said he would dismiss the case against all of the defendants, which includes President Donald Trump and Rudy Giuliani.

Published: October 3, 2025 5:51pm

Updated: October 3, 2025 6:18pm

Fulton County Superior Court Judge Scott McAfee on Friday gave the Prosecuting Attorneys’ Council just 14 days to assign a new prosecutor to Fulton County District Attorney Fani Willis' 2020 Georgia election interference case or the case will be dismissed.

McAfee said he would dismiss the case against all the defendants, which includes President Donald Trump and Rudy Giuliani, if a new prosecutor was not named or an extension request was granted.

"The Georgia Court of Appeals having disqualified the entirety of the Fulton County District Attorney’s Office from further handling of this case, the duty falls on the Prosecuting Attorneys’ Council to identify a replacement," he wrote in the order. "Should an appointed prosecuting attorney or representative of PAC fail to file an entry of appearance or request a particularized extension within 14 days from the entry of this Notice, the Court will issue a dismissal without prejudice for want of prosecution."

Willis indicted Trump and 18 co-defendants in 2023 over their efforts to challenge the 2020 election results in Georgia. But the Georgia Court of Appeals disqualified Willis and her team from the case last year over the “significant appearance of impropriety” stemming from her romantic relationship with former special prosecutor Nathan Wade, who worked on the case.

The Georgia Supreme Court last month declined to hear her appeal.

McAfee said he would dismiss the case with prejudice if his deadline is not met, which leaves the door open for the charges to be refiled in the future. Trump has pleaded not guilty to the charges against him.

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.

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