In a sudden turn in Fulton County, Georgia, the special prosecutor assigned to the 2020 election interference indictment asked a judge to dismiss the case against former President Donald Trump and 18 co-defendants, and the judge granted the request. The filing by Pete Skandalakis—executive director of the Prosecuting Attorneys’ Council of Georgia who took over the matter after the original district attorney was disqualified—said prolonged litigation would not serve Georgia citizens. Within minutes of the filing the presiding Fulton County judge entered an order dismissing the indictment in full. The decision ends the state-level RICO prosecution that had its roots in actions surrounding the Nov. 2020 election and the Jan. 2, 2021 phone call to Secretary of State Brad Raffensperger.
Key takeaways
- The Fulton County indictment charged Donald Trump and 18 others under a racketeering (RICO) theory for efforts to overturn Georgia’s 2020 presidential result; defendants pleaded not guilty in August 2023.
- Pete Skandalakis, who assumed responsibility after DA Fani Willis was disqualified, filed a 22-page explanation concluding the case is not a viable basis for prosecution in Fulton County and sought dismissal.
- Fulton County Judge Scott McAfee granted the dismissal promptly after the prosecutor’s request and wrote, “This case is hereby dismissed in its entirety.”
- Skandalakis cited logistical and timing obstacles—most notably the practical difficulty of trying a case involving a sitting or potentially incumbent president—and questioned key elements of the prosecution’s theory.
- Several co-defendants (Sidney Powell, Jenna Ellis, Kenneth Chesebro, Scott Hall) previously entered plea agreements to cooperate; others, including John Eastman and Rudy Giuliani, had maintained their defenses.
- Defendants originally surrendered and were booked on Aug. 24, 2023; Trump posted bond of $200,000 after his Fulton County appearance.
- Skandalakis suggested parts of the alleged conduct were conceived in Washington, D.C., and characterized the federal forum as the more appropriate venue.
Background
The Fulton County indictment grew from post-2020-election efforts that prosecutors said sought to subvert Georgia’s certified result. The charges followed a Jan. 2, 2021 phone call in which then-President Trump urged Georgia’s secretary of state to “find” votes, and an array of state- and national-level outreach that prosecutors alleged aimed to produce alternate electors and to undermine valid returns. Fani Willis, the Fulton County district attorney, brought the sweeping RICO indictment that included allegations of soliciting state officials, misleading and harassing a Georgia election worker, and propagating unfounded fraud claims.
After the indictment, Trump and others surrendered in August 2023; a booking photo of Trump taken Aug. 24, 2023 marked an unprecedented moment for a former U.S. president. Several defendants later cut plea deals in exchange for cooperation. The prosecution’s original lead, DA Willis, was disqualified after questions about her conduct and relationship with a fellow prosecutor, triggering appointment of a panel to select an independent prosecutor and ultimately leading to Skandalakis’ takeover.
Main event
Earlier this month Skandalakis said he could not identify another prosecutor to take the assignment and accepted the role himself. In a substantive 22-page filing explaining his decision, he reviewed the indictment, the evidence as presented, and practical constraints on moving forward. He concluded that the alleged overt acts cited by prosecutors—public statements, arranging or answering phone calls, coordinating attendance at hearings—fell short of the acts he would deem sufficient to sustain a RICO prosecution.
Skandalakis also weighed the procedural option of severing Trump from co-defendants but called severance “futile and unproductive,” given the intertwined nature of the indictment and the practical obstacles. He further wrote that trying to compel a sitting president or an incumbent officer to appear in Georgia for trial was unrealistic, and that an immediate jury trial on the day after a term concludes would be unattainable.
Minutes after Skandalakis filed his motion seeking dismissal, Judge Scott McAfee entered an order terminating the prosecution in Fulton County. The order ends the county-level RICO case; Skandalakis acknowledged the gravity of the allegations while concluding the evidence and logistical realities did not support continuing a Georgia prosecution against Trump under the current theory.
Analysis & implications
Legally, the decision highlights prosecutorial discretion and the limits prosecutors face when a case involves national political figures and actions stretching across jurisdictions. Skandalakis framed his judgment on evidentiary sufficiency and venue, asserting that conduct central to the indictment originated in Washington, D.C., which, in his view, makes federal prosecution the appropriate path. That view raises questions about whether federal authorities will revisit the conduct alleged in the Fulton indictment and, if so, which statutes and factual theories they would employ.
Practically, the dismissal removes a high-profile state trial that could have consumed years of court time, witness preparation and discovery. Prosecutors must consider witness availability, document review, and calendar logistics when a defendant holds or may hold national office. Skandalakis emphasized those constraints—particularly the improbability of securing the principal defendant’s timely presence—which weighed heavily in his calculus.
Politically, the outcome will be portrayed differently across partisan lines. Supporters of the dismissal will argue it vindicates defendants and exposes overreach; critics will maintain that important allegations of coordinated attempts to subvert an election have been shelved rather than fully tested in court. That divergence will shape public debate and could influence whether other prosecutors or federal authorities pursue related inquiries.
Comparison & data
| Case | Jurisdiction | Primary allegation | Key date | Status (as reported) |
|---|---|---|---|---|
| Fulton County RICO indictment | Fulton County, Georgia | RICO conspiracy to overturn 2020 election | Defendants pleaded not guilty Aug. 2023; booking Aug. 24, 2023 | Dismissed after special prosecutor’s filing |
| Federal Jan. 6-related investigation | Federal (Special Counsel) | Alleged schemes tied to Jan. 6 and post-election actions | Investigation by Special Counsel Jack Smith; pleas entered Aug. 2023 (as reported) | Ongoing in federal courts (varied charges and schedules) |
The table summarizes jurisdictional differences and current statuses as reported by the assigned prosecutor and media coverage. While the Fulton case adopted a RICO framework rooted in state statutes, federal inquiries focus on distinct statutes and conduct tied to national actors and events. The prosecutor’s recommendation to dismiss in Fulton County does not itself bar separate federal action; it does, however, remove one venue for adjudicating overlapping allegations.
Reactions & quotes
Immediately after the dismissal, former President Trump posted on his social platform framing the decision as vindication and promising continued political success. His public statement emphasized that he expected other investigations to end similarly, reflecting a long-standing narrative he and his allies have advanced about partisan prosecutions.
The few remaining Democrat Witch Hunts will soon meet the same embarrassing end. We are going to keep winning, and continue to, MAKE AMERICA GREAT AGAIN!
Donald J. Trump (social post)
Trump legal counsel characterized the dismissal as an overdue end to politically motivated litigation and praised the independent prosecutor’s conclusion. That interpretation will be tested in public and legal discourse as opponents point to the dismissal’s basis in practicality and evidentiary concerns rather than an adjudicative finding of innocence.
The political persecution of President Trump by disqualified DA Fani Willis is finally over. This case should never have been brought.
Steve Sadow, Trump attorney
Other defendants and their representatives issued statements welcoming the dismissal. John Eastman, a former Trump lawyer charged in the indictment, said the suit should not have been filed and framed efforts to challenge election legality as noncriminal. Observers in legal circles noted the prosecutor’s emphasis on venue and evidentiary thresholds, rather than a categorical conclusion that no laws were violated.
I’m delighted that the replacement prosecutor recognized that challenging illegality in an election is not a crime.
John Eastman, defendant
Unconfirmed
- Whether a federal prosecution will be filed specifically duplicating the factual theory laid out in Fulton County remains unconfirmed.
- Any future timing for a retrial or new indictment in another jurisdiction is speculative and has not been publicly pledged by federal authorities.
- Assertions that the dismissal equates to a determination of innocence are unconfirmed; the prosecutor cited logistical and evidentiary concerns rather than issuing an acquittal.
Bottom line
Skandalakis’ dismissal of the Fulton County RICO case removes one of the most visible state-level prosecutions arising from the 2020 election, but it does not close the broader legal and political questions tied to those events. The decision rests on prosecutorial judgment about evidence, venue and feasibility rather than a court finding on the merits following trial, which leaves open debates about accountability and suitable forums for adjudication.
For readers, the important takeaways are that this dismissal is final for Fulton County, yet it does not necessarily preclude other prosecutions in different jurisdictions; it also underscores the practical constraints that shape major public-interest prosecutions. Watch for developments from federal prosecutors and for any appeals or new filings that might seek to test similar theories under different legal frameworks.
Sources
- ABC News (news media report)