What to know about the 2020 Georgia election case and its new prosecutor

ATLANTA (AP) — The fate of the Georgia election interference case against President Donald Trump and others is now in the hands of a new prosecutor who has to decide how he is going to move forward with the sprawling indictment.

After courts removed Fulton County District Attorney Fani Willis over an “appearance of impropriety” created by a romantic relationship with the special prosecutor she had chosen to lead the case, it was up to the Prosecuting Attorneys’ Council to someone to take over. Council Executive Director Pete Skandalakis said Friday that he would handle the case himself after he was unable to find anyone else willing to do it.

The indictment against Trump and 18 others was returned by a grand jury in August 2023 and uses the state’s anti-racketeering law to allege a wide-ranging conspiracy to illegally overturn Trump’s narrow loss to Democrat Joe Biden in Georgia.

Here are some things to know about Skandalakis and what might come next for this prosecution.

How did Skandalakis end up with this case?

When a prosecutor recuses or is removed from a case in Georgia, the executive director of the nonpartisan Prosecuting Attorneys’ Council steps in to appoint a substitute prosecutor. Skandalakis, who has led the agency since January 2018, said in an e-mailed statement that he contacted several prosecutors about taking over the election interference case and they all declined.

The judge overseeing the case had said that if a new prosecutor wasn’t appointed by Friday, he would dismiss the case. Skandalakis said that while he could easily have let the judge’s deadline pass without appointing anyone and allowed the case to be dismissed, he “did not believe that to be the right course of action.”

He acknowledged that he had not had a chance to fully review the case, having only recently received from Willis’ office 101 boxes of documents and an eight-terabyte hard drive with the full investigative file. Appointing himself to the case, he said, “will allow me to complete a comprehensive review and make an informed decision regarding how best to proceed.”

Prior to his time at the council, Skandalakis spent about 25 years as the elected Republican district attorney for the Coweta Judicial Circuit, southwest of Atlanta. But former Gwinnett County District Attorney Danny Porter, who has known Skandalakis for more than 40 years, said they shared a philosophy that the district attorney’s office should be nonpartisan.

“I wouldn’t put too much weight on the fact that he ran as a Republican,” Porter said. “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 no stranger to sensitive high-profile cases. He took on the investigation into the June 2020 shooting death of Rayshard Brooks, a Black man, by a white police officer after Willis recused her office from the case. He ultimately decided that the two officers involved had acted reasonably, and he declined to pursue charges.

What happens next?

Skandalakis will continue to review the case file to decide how he wants to proceed. The judge has set a Dec. 1 status hearing and said the prosecution should be prepared to say at that time whether it intends to seek a new indictment in the case.

Skandalakis has declined to comment beyond the statement he released Friday. But Porter, who has served as a substitute prosecutor, said the first step is generally to get the case filed, which Skandalakis has done. Then, Porter said, it is not improper to have a discussion with the removed prosecutor about their summary of the case, but that should be the last contact between the two prosecution teams about the case.

Then the substitute prosecutor would start from scratch, figuring out how the case is organized, determining the budget and resources needed to handle it and figuring out how to handle it.

The size of this case makes all that a “nearly impossible task for one person to do,” Porter said. While Skandalakis has a “great staff” with some really talented prosecutors, they all have other cases on their plates.

The Prosecuting Attorneys’ Council has a tight budget, and the state legislature is dominated by Republicans, many loyal to Trump, who are unlikely to grant any special appropriations for this prosecution. But Skandalakis could look for money elsewhere to hire contract attorneys and cover other expenses, Porter said.

Then Skandalakis will have to decide whether he wants to continue on the course that Willis had charted, pursue only some of the charges or dismiss the case.

“I think the case as it’s indicted is completely untryable,” Porter said, adding that he would try to slim it down, either by seeking a new indictment or asking the judge to sever some counts to break it down into smaller cases, Porter said.

What is in the indictment?

The indictment includes charges related to a Jan. 2, 2021, phone call between Trump and Georgia Secretary of State Brad Raffensperger during which Trump urged the state’s top elections official to help him “find” the votes he needed to win. Other charges have to do with a getting a slate of Republican electors to falsely declare that Trump won the state, allegations of harassment of a Georgia election worker and a breach of election equipment in a rural south Georgia county.

Four of the 19 people charged pleaded guilty after reaching deals with prosecutors in the months following their indictment. Trump and the other 14 people charged have all pleaded not guilty. It seems unlikely that any action against Trump could proceed while he is in office, but the others do not have that shield.