Trump’s Motion for Legal Fees and Damages
In early January 2026, former U.S. President Donald Trump filed a motion in Fulton County Superior Court demanding that Fani Willis’ office — specifically the Fulton County District Attorney’s Office — pay him more than $6.2 million to cover his legal fees and other costs associated with a criminal prosecution that was ultimately thrown out.
Trump’s motion relies on a new Georgia statute enacted in 2025 that allows defendants to seek reimbursement of attorney’s fees and costs from a prosecutor’s office when charges are dismissed after a prosecutor is disqualified for improper conduct.
According to court filings, Trump wants exactly $6,261,613.08 in compensation encompassing fees paid to his top Georgia defense counsel and other legal costs.
📍 Background: The Georgia Election Interference Prosecution
Origins of the Case
The case at the center of these developments dates to August 2023, when Fani Willis, the District Attorney of Fulton County, Georgia, indicted Donald Trump and 18 alleged co-conspirators under Georgia’s racketeering law (RICO) for allegedly participating in a scheme to overturn the results of the 2020 presidential election in Georgia.
Among the allegations were Trump’s calls to Georgia Secretary of State Brad Raffensperger seeking to “find” enough votes to reverse the state’s certified election results and alleged coordination with various operatives and advisors.
Prosecution Team Ethics Controversy
Shortly after the indictment, defense attorneys challenged the conduct of the prosecution, particularly Willis’ decision to hire a private special prosecutor, Nathan Wade. Defense lawyers alleged that Willis had a romantic relationship with Wade — an allegation that, when confirmed, raised questions about conflicts of interest, ethical conduct, and prosecutorial judgment.
In 2024 and 2025, these ethical issues became central to court challenges, ultimately resulting in a series of rulings that:
Found that Willis’ office had created an appearance of impropriety by maintaining the professional and personal relationship with the special prosecutor, and
Led to Willis’ disqualification from the case by the Georgia Court of Appeals.
🗓️ Collapse and Dismissal of the Case
After Willis was disqualified from prosecuting the case, oversight of the prosecution transferred to Pete Skandalakis, the executive director of the Prosecuting Attorneys’ Council of Georgia — a non-partisan state agency that appoints substitute prosecutors in such situations.
In late November 2025, Skandalakis reviewed the prosecution’s evidence and soon thereafter dismissed the case entirely against Trump and all remaining defendants. The judge signed an order declaring the entire prosecution dismissed without any conviction or jury trial.
This dismissal marked the end of the Georgia RICO case against Trump, which had been one of four criminal prosecutions he faced as he sought reelection and returned to the White House.
🧑⚖️ The 2025 Georgia Reimbursement Law
Legislative Response
A key development that made Trump’s legal fee request possible was a state law passed in 2025 by the Georgia General Assembly and signed by then-Governor Brian Kemp. This statute, sometimes referred to informally in local news coverage as Senate Bill 244, empowers defendants to request reimbursement of legal fees and costs if:
A prosecutor is disqualified for misconduct, and
The case is then dismissed in its entirety.
The statute directs that these fee awards be paid out of the prosecutor’s office budget rather than from general funds, meaning that Fulton County taxpayers could bear the costs.
Purpose and Controversy
Supporters of the law said it was designed to deter prosecutorial overreach and ensure accountability when a prosecutor’s conduct undermines a defendant’s right to a fair trial. Critics, however, argue that it may have been tailored specifically with the Trump case in mind and raises constitutional questions about retroactive punishment and separation of powers.
💰 Trump’s Damages and Legal Fee Claims
Trump’s Motion and Breakdown
Trump’s legal fee motion details his legal expenses:
Tens of millions overall were spent defending against the prosecution and related motions.
Trump’s payment to various law firms and attorneys — including lead Georgia counsel — totaled more than $6.2 million.
His legal team has said that the request encompasses:
Retainers and legal fees paid to his defense lawyers,
Costs of expert witnesses and document management, and
Other related litigation expenses from the time of indictment through court proceedings.
Cumulative Claims from Co-Defendants
Trump is not alone: many co-defendants — including former New York Mayor Rudy Giuliani, former White House Chief of Staff Mark Meadows, and other high-profile figures — have also sought reimbursement under the same statute. Together, these filings could cumulatively exceed $16.9 million in legal expenses that defendants now want Fulton County to cover.
🧠 Legal and Political Arguments on Both Sides
Trump’s Position
Trump and his allies argue:
The prosecution was politically motivated and improperly pursued.
Willis’ personal conduct created an unlawful conflict and undermined the integrity of the entire prosecution.
The reimbursement law entitles defendants to be “made whole” for their attorney fees and costs.
Trump’s attorneys — especially his Georgia counsel — have framed the reimbursement efforts not just as compensation but as an accountability measure for prosecutorial errors.
Georgia’s Response
Willis and Fulton County have filed responses challenging the claims on several legal grounds:
They argue that the 2025 reimbursement law is unconstitutional, claiming it imposes a retroactive penalty and infringes on prosecutorial independence.
Willis has also asserted that allowing Trump and others to recover such large sums could deplete her office’s budget, diverting resources from legitimate prosecutions and public safety functions.
Willis called the fees request a “punitive, nonsensical schema” and suggested that Fulton County taxpayers should not shoulder these costs.
⚖️ Wider Legal and Political Implications
Prosecutorial Conduct Scrutiny
The controversy over the Georgia prosecution has sparked broader debates over:
Prosecutorial ethics and accountability,
The role of personal conduct in criminal prosecutions, and
Whether certain legal tools — like RICO — are appropriate for politically sensitive cases.
Critics of the prosecution argue Willis engaged in reckless conduct that doomed the case, while proponents say the legal challenges were aimed at derailing accountability for the defendants.
Taxpayer Liability and the Reimbursement Law
The reimbursement fight has raised broader questions:
Should judges and legislators hold prosecutors financially liable for dismissed cases?
Does retroactive application of reimbursement laws violate constitutional principles?
What are the fiscal impacts on county budgets when large fee awards are imposed?
🧾 Key Takeaways So Far
Summary of What’s Happened So Far
Prosecution Initiated: Fani Willis indicted Trump and others under Georgia’s racketeering statute.
Ethics Controversy: Willis faced legal challenges over her relationship with a special prosecutor.
Case Dismissed: The eventual prosecution was dismissed after Willis was disqualified; a special prosecutor declined to continue.
Reimbursement Law: Georgia passed a law allowing defendants to seek legal cost reimbursement when a prosecution is dismissed after misconduct.
Trump’s Motion: Trump filed a motion seeking more than $6.2 million from Willis’ office; co-defendants are seeking more, bringing total claims near $17 million.
Legal Pushback: Georgia officials and Willis argue the statute is unconstitutional and that awarding fees threatens the DA’s budget.
📌 Looking Ahead
Legal Challenges
Expect a prolonged legal battle over Trump’s fee claim that could:
Reach the Georgia Supreme Court if questions about the statute’s constitutionality and retroactive application persist.
Trigger related lawsuits by other defendants or even legislative changes.
Political Fallout
Politically, the situation continues to:
Energize supporters of Trump and critics of prosecutorial “lawfare,” and
Provide fodder for opponents who argue this entire episode highlights systemic issues in how high-profile cases are prosecuted and defended.
📌 Conclusion
President Donald Trump’s bid to seek millions in legal fees and damages from Fulton County — specifically from the office of Fani Willis — marks an extraordinary chapter in the aftermath of one of the most contested prosecutions in modern American political history.
What began as a sweeping racketeering indictment tied to the 2020 election has now pivoted into a procedural and constitutional fight over prosecutorial conduct, legislative power, and taxpayer liability. Trump and many of his co-defendants argue that they were victims of a flawed prosecution that should cost the county millions; Georgia officials counter that the effort to force those payments is legally dubious and fiscally perilous.
As the legal battles continue, this dispute will likely remain a touchstone for debates over accountability — not just for prosecutors, but for how justice intersects with politics in the United States.
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