President Donald Trump could recoup millions spent on legal costs defending himself against election interference charges in Fulton County under a measure headed to the governor’s desk.
Senate Bill 244 would allow defendants to collect reasonable attorney fees and costs if a prosecutor is disqualified from the case for misconduct and the case is dismissed. The bill, which passed the Senate on Friday by a vote of 35-18, also would standardize the process for compensating people wrongly convicted in criminal offenses. It has already passed the House.
Sen. Brandon Beach, R-Alpharetta, has said he proposed the measure so Trump and his 14 fellow defendants recoup fees if Fulton County District Attorney Fani Willis is ultimately disqualified from the election case. The Georgia Court of Appeals disqualified Willis in December, citing her romantic relationship with a top prosecutor in the case. Willis has appealed that decision to the Georgia Supreme Court.
On Friday, Beach — who was recently tapped as U.S. treasurer by Trump — said the president and his codefendants deserve compensation from a case he said was politically motivated.
“These people have a right to get their reputation back and have compensation,” Beach said.
Most Democrats opposed the measure, saying it would unfairly burden Fulton County taxpayers and reward Trump, who sought to overturn Democrat Joe Biden’s Georgia victory in 2020.
“We should not be paying Donald Trump’s legal fees for trying to break the law in this state,” said Rep. RaShaun Kemp, D-Atlanta.
The addition to the bill of a new plan to compensate the wrongfully convicted scrambled partisan loyalties for some. Three Democrats voted in support.
Willis indicted Trump and 18 other defendants in 2023 on racketeering and other charges for their roles in trying to overturn Biden’s victory. Four people later pleaded guilty to various charges
But last year defense attorneys disclosed evidence that Willis was romantically involved with a top special prosecutor, Nathan Wade. The defense argued that posed a conflict of interest for Willis because Wade benefited financially from the case and paid for some trips the couple took together.
Credit: Arvin Temkar/AJC
Credit: Arvin Temkar/AJC
If the Supreme Court upholds a lower court’s decision to remove Willis, Beach believes Trump and the other defendants could recoup their legal fees. Campaign disclosures show Trump has paid his top attorneys in the case about $2.7 million. The Georgia Republican Party also has paid at least $2 million in legal costs for some of the other defendants.
The other part of SB 244 — establishing a new process for compensating people who are proven to have been wrongfully convicted — has been a longtime goal of a bipartisan group of legislators. The bill aims to fix what lawmakers have called a “very laborious process” that can sometimes become political.
Under Georgia’s current process, once a judge or prosecutor has thrown out the charges against someone who had been convicted, they must find a legislator willing to sponsor a resolution that would compensate them.
SB 244 would allow an exonerated person to file a claim with the Office of State Administrative Hearings which would be evaluated by an administrative law judge. If the person released from prison can prove their innocence, they would be eligible to receive $75,000 in state funds per year of incarceration. Those who served time on death row would be eligible for more.
State Rep. Katie Dempsey, a Republican from Rome, said it the current process is not easy for former prisoners who’ve been waiting years to be compensated.
“Now we have another opportunity, hopefully, if the governor does sign it, to allow for them to have a true chance that is not a retrial from legislators but from a judge really valuing the opinion of other judges,” she said.
SB 244 now goes to Gov. Brian Kemp for his signature.
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