Gov. Brian Kemp signed legislation Wednesday that could allow President Donald Trump and others to recoup millions of dollars in legal costs in the Georgia election interference case. Here’s what we know:
What does the bill do? Senate Bill 244 would allow a criminal defendant to recover “reasonable” attorney fees and legal costs if the prosecutor in the case is disqualified for misconduct and the case is dismissed by a judge or another prosecutor.
How does it works? The defendant must petition a judge, who would decide whether the requested amount is reasonable.
Does it apply to Trump? The president is one of 15 remaining defendants in the election interference case. A Fulton County grand jury indicted them on numerous charges related to their efforts to overturn Democrat Joe Biden’s victory in the 2020 presidential election.
In December, the Georgia Court of Appeals disqualified Fulton County District Attorney Fani Willis, who led the prosecution. Defense attorneys said Willis’ romantic relationship with a special prosecutor on the case posed a conflict of interest. The court sided with the defendants.
Willis has appealed that decision to the Georgia Supreme Court, which has not yet decided whether it will hear the case.
If there’s any doubt about whether the law would apply to the Trump case, its sponsor — former state Sen. Brandon Beach, picked by Trump to be U.S. treasurer — says he had the case in mind when he drafted the bill.
How much is at stake? Campaign records show Trump has spent at least $2.7 million defending himself in the case. The Georgia Republican Party has spent at least $2 million on legal bills for some of the other defendants. The defendants would have to lay out their legal costs in court, and a judge would decide what’s “reasonable.”
Who pays? The law says the money would come from the prosecuting attorney’s budget in the county where the prosecution took place. In the Trump case, Fulton County would have to pay. County officials did not respond to a request for comment Thursday.
What’s next? The Georgia Supreme Court must decide whether to hear Willis’ appeal. We’ll know more after the court makes its decision.
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