This big gamble could seal Trump's fate — but the case hangs by a thread

The stalled Georgia case against President Donald Trump and more than a dozen allies accused of trying to invalidate the results of the 2020 election was given new life last week. Or was it?

Peter Skandalakis, who was tasked with assigning the case to a different prosecutor following Fulton County District Attorney Fani Willis’s dismissal by a top court, has decided to appoint himself to oversee what remains of the sprawling case.

Skandalakis, the executive director of the Prosecuting Attorneys’ Council of Georgia, highlighted the unusual nature of the case in his statement announcing his self-appointment:

“The filing of this appointment reflects my inability to secure another conflict prosecutor to assume responsibility for this case. Several prosecutors were contacted and, while all were respectful and professional, each declined the appointment. Out of respect for their privacy and professional discretion, I will not identify those prosecutors or disclose their reasons for declining.”

Willis herself alluded to this “culture of fear” last month, warning that the national ramifications of the case and its outcome could make it difficult to find another prosecutor.

“I think you have prosecutors, citizens and even judges who are afraid right now, and for good reason,” she told WSB-TV Channel 2.

“The reality is it’s going to be hard to find a prosecutor that’s not afraid to prosecute that case when one of the primary defendants is threatening anyone that would dare to prosecute them.”

She went on to argue that other district attorney offices may lack the resources and the staff to take on such a huge case.

Skandalakis, for his part, says there are still some parts of the case he needs to review. But he already has some familiarity with the matter. Willis was previously barred from bringing charges against Lt. Gov. Burt Jones, now a top Republican gubernatorial contender. A state senator at the time, Jones called for a special legislative session in the aftermath of Trump’s 2020 defeat and was one of the Republicans who participated in the alleged “fake elector” scheme. But a separate political conflict of interest resulted in Jones being severed off from any case brought by the Fulton DA.

Skandalakis would name himself to oversee the investigation into Jones after the lieutenant governor was listed as an unnamed co-conspirator. But he ultimately concluded that the case warranted no further action, saying that Jones was acting as an elected representative and not a criminal conspirator.

“Considering the facts, applicable law and the circumstances surrounding the events occurring in November and December of 2020 and January of 2021, I find the conduct and involvement of Sen. Jones as an elected representative to be reasonable and not criminal in nature,” Skandalakis said in 2024.

The appointment leaves Georgia as the only jurisdiction with an active criminal case against the president.

Trump was convicted in Manhattan last year for falsifying business records, and the two federal cases against him were dismissed upon his return to the presidency.

We don’t know how Skandalakis will handle the case going forward. But if his exoneration of Burt Jones is any indication, the case is still skating on thin ice: There is simply no precedent for a state-level prosecution against a sitting president, and he wouldn’t be able to serve any prison time until the end of his term in office.

As for the remaining defendants and conspirators? Trump recently pardoned many of them, including Jones, for trying to overturn the president’s 2020 loss. But given that presidential pardons don’t apply to state prosecutions, the order was largely symbolic.

Now it’s all up to Skandalakis to decide when – or if – the case makes it before a jury. However, finding 12 impartial Georgians with no knowledge of the case to judge a sitting president’s staunchest allies may prove to be the steepest hill to climb.

• Niles Francis recently graduated from Georgia Southern University with a degree in political science and journalism. He has spent the last few years observing and writing about the political maneuvering at Georgia’s state Capitol and regularly publishes updates in a Substack newsletter called Peach State Politics. He is currently studying to earn a graduate degree and is eager to cover another exciting political year in the battleground state where he was born and raised.