The team assigned to find a replacement for Fulton County District Attorney Fani Willis in the Georgia election interference case against President Donald Trump has asked for more time to appoint a new lead prosecutor.

Superior Court Judge Scott McAfee said in an order Friday that he will dismiss the case without prejudice if the Prosecuting Attorneys' Council cannot name a new prosecutor by Oct. 17. McAfee noted that the council could request a "particularized extension," which Executive Director Pete Skandalakis did on Monday.

Skandalakis said his office has not yet received the physical case file and that it could take at least a month before they do.

Prosecuting Attorneys' Council managing hundreds of cases

In his filing, Skandalakis wrote that he "cannot intelligently answer questions of anyone requested to take the appointment or to do his own due diligence in finding a prosecutor who is not encumbered by a significant appearance of impropriety."

He said the case is one of 21 waiting to have a prosecutor assigned by his office, adding that 448 criminal matters have been referred so far this year due to conflicts of interest or recusals.

"Each case requires individual review and assignment due to the unique nature of conflicts and the facts and circumstances of the particular case," Skandalakis wrote. Because of the complexity of the election case and the extensive resources it requires, "it will require time" to find someone to take it on, the filing said.

While Trump is in office, case could stall

Even if a new prosecutor is named, any prosecution against Trump is unlikely to move forward while he is the sitting president. Fourteen other people still face charges in the case, including former White House chief of staff Mark Meadows and former New York City mayor and Trump attorney Rudy Giuliani.

A new prosecutor could continue the path Willis had taken, pursue only some charges, or dismiss the case altogether.

Background: How the case began

Willis announced the indictment against Trump and 18 others in August 2023, using Georgia's anti-racketeering law to accuse them of participating in a scheme to overturn Trump's narrow 2020 election loss to Joe Biden in Georgia.

The alleged plot included Trump's call to Georgia Secretary of State Brad Raffensperger, urging him to "find" enough votes to reverse the outcome. Four defendants: attorneys Sidney Powell, Jenna Ellis, Kenneth Chesebro, and bail bondsman Scott Hall have pleaded guilty.

Fani Willis disqualified over relationship with special prosecutor

Willis was disqualified from prosecuting the case after revelations that she had a romantic relationship with Nathan Wade, the special prosecutor she hired to lead the investigation.

Defense attorneys alleged that Willis and Wade benefited from their relationship, saying Wade used his earnings from the case to pay for trips they took together. Willis and Wade acknowledged the relationship but said it began after he was hired.

In March 2024, Judge McAfee rebuked Willis for a "tremendous lapse in judgment" but said there was no conflict of interest that would disqualify her. He ruled she could stay on the case if Wade resigned, which he did hours later.

Defense attorneys appealed, and in December, the Georgia Court of Appeals removed Willis from the case, citing an "appearance of impropriety." The state's high court declined to hear Willis' appeal last month, placing the case in the hands of the Prosecuting Attorneys' Council.

Senate committee seeks Willis testimony next month

Meanwhile, a Georgia state Senate committee investigating alleged misconduct by Willis plans to issue a new subpoena for her to testify on Nov. 13.

Committee Chairman Bill Cowsert said Friday that Willis has agreed to appear. The committee, formed in January 2024, is examining Willis' actions in connection with the Trump prosecution.

Willis' office referred questions about her appearance to her attorneys, who did not immediately respond to requests for comment.