Georgia Election Interference Case Now in hands of New Prosecutor
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The fate of the Georgia election interference case against former President Donald Trump and 18 others rests with a newly appointed prosecutor, following the removal of Fulton County District Attorney Fani Willis due to an “appearance of impropriety.” The situation arose from a romantic relationship between Willis and the special prosecutor she had selected to lead the case.
On Friday, Pete Skandalakis, Executive Director of the Prosecuting Attorneys’ Council, announced he would personally take over the case after being unable to find another prosecutor willing to do so. The sweeping indictment, returned by a grand jury in August 2023, alleges a conspiracy to illegally overturn Trump’s narrow loss to Democrat Joe Biden in Georgia, utilizing the state’s anti-racketeering law.
A Prosecutor Appointed by Default
When a Georgia prosecutor is recused or removed, the Executive Director of the nonpartisan Prosecuting Attorneys’ Council is tasked with appointing a replacement. Skandalakis, who has headed the council since 2019, brings years of experience as the elected Republican district attorney for the Coweta Judicial circuit, located southwest of Atlanta.Though, a former Gwinnett County District Attorney, who has known Skandalakis for over 40 years, emphasized their shared belief in the nonpartisan nature of the district attorney’s office. “I wouldn’t put too much weight on the fact that he ran as a Republican,” the former DA stated. “I feel certain that he’s going to do what he said he’s going to do and give it a fair and transparent review and come to conclusions based on the law and the facts.”
Skandalakis is familiar with high-profile,sensitive cases. He previously investigated the June 2020 shooting death of Rayshard Brooks, a Black man, by a white police officer after Willis recused her office. Ultimately, he determined the officers acted reasonably and declined to pursue charges.
Challenges Ahead: Review,Resources,and a December Deadline
Skandalakis will now meticulously review the case file. A status hearing is scheduled for december 1, at which time the prosecution must indicate whether it intends to seek a new indictment. Currently, Skandalakis has refrained from further public comment.
According to a veteran substitute prosecutor, the initial step is to ensure the case is properly filed, which Skandalakis has already accomplished. A discussion with the removed prosecutor, Willis, regarding a case summary would be permissible, but should be the final interaction between the two prosecution teams.
The substitute prosecutor would then need to organize the case, assess budgetary and resource needs, and formulate a strategy. However, one official noted that the sheer size of this case presents a “nearly impractical task for one person to do.” While Skandalakis has a “great staff” of talented prosecutors, they are already burdened with existing caseloads. The prosecuting Attorneys’ Council operates on a limited budget, and securing additional funding from the Republican-controlled state legislature – many of whom are loyal to Trump – is considered unlikely. Skandalakis may need to explore alternative funding sources, such as hiring contract attorneys.
The Future of the Indictment: Slimming Down or Dismissal?
Skandalakis must now decide whether to continue with Willis’ original strategy, pursue only select charges, or dismiss the case altogether.”I think the case as it’s indicted is entirely untryable,” one analyst commented, suggesting a potential path forward would involve seeking a new, more focused indictment or requesting the judge to sever some counts into smaller, more manageable cases.
The indictment encompasses charges related to a January 2, 2021, phone call between Trump and Georgia Secretary of State Brad Raffensperger, during which Trump urged raffensperger to “find” the votes needed to overturn the election result. Other charges involve attempts to assemble a slate of Republican electors falsely claiming Trump won the state, allegations of harassment against a Georgia election worker, and a breach of election equipment in a rural county.
Four of the 19 initially charged individuals have pleaded guilty after reaching agreements with prosecutors. Trump and the remaining 14 defendants have all entered pleas of not guilty. While legal action against Trump is unlikely to proceed while he remains in office,the other defendants do not have the same protection.
