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Official says law Trump is using to seek legal fees in Georgia election case likely unconstitutional

Georgia argues the law forcing counties to pay nearly $17 million in dismissed case fees denies due process and separates county funding from prosecutorial decisions, per state filing.

  • On Wednesday, the State of Georgia filed a written response contesting the statute defendants used to seek reimbursement, with Peter Skandalakis arguing he cannot process the fee claims.
  • Last year, Georgia legislators enacted the new state law letting defendants dismissed for prosecutorial misconduct seek attorney fees, which followed appeals and the Georgia Court of Appeals removing Fulton County District Attorney Fani Willis.
  • The filing flagged the law treats county governments as non-parties denied due process and noted undefined reasonable hourly rates, referencing attorneys' rates of $125.
  • Former President Donald Trump is seeking more than $6.2 million, with total claims nearing $17 million to be paid from the prosecutor's office budget if approved by the judge overseeing the case.
  • Skandalakis argues the statute requires disqualification for 'improper conduct' but notes no finding of actual improper conduct was made, only an appearance, and he questioned who may represent the State, signaling a possible appeal to the Georgia Supreme Court.
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Official says law Trump is using to seek legal fees in Georgia election case likely unconstitutional

The head of a nonpartisan group supporting Georgia prosecutors says a new state law used by Donald Trump and others to seek attorney fees is likely unconstitutional.

·Austin, United States
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U.S. President Trump is demanding that Georgia reimburse him for $6.26 million in legal fees and costs incurred in responding to the state's now-defunct election intervention plan. In a motion filed January 7 with Fulton County Superior Court, Trump's legal team cited a Georgia law from 2025. This law stipulates that if a prosecutor is disqualified for misconduct and the case is subsequently dismissed, the defendant in that case is entitled to c…

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KVUE broke the news in Austin, United States on Wednesday, January 14, 2026.
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