The judge overseeing the Georgia election interference case against President Trump is giving the agency looking for a replacement for Fulton County District Attorney Fani Willis a little more time.

On Oct. 3, Fulton County Superior Court Judge Scott McAfee said that if the Prosecuting Attorneys' Council didn't appoint a new prosecutor or request a "particularized extension" within 14 days, he would dismiss the case. 

Pete Skandalakis, the council's executive director, submitted a court filing on Monday, stating that his office had yet to receive the physical case file and didn't expect to receive it for about four weeks. 

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 for a prosecutor to be assigned, adding that 448 criminal matters have been referred in 2025 due to conflicts of interest or recusals.

He asked McAfee to reconsider the order or to give him 90 days after he receives the case file to appoint a new prosecutor.

On Wednesday, McAfee gave Skandalakis some additional time, but less than half of his request, setting a new deadline of Nov. 14. The judge said that if Skandalakis requests it, he would sign an order to force Willis' office to hand over the investigative file more quickly.

While Trump is in office, the case could stall

Even if a new prosecutor is named before the deadline, 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.

Why DA Fani Willis was removed from the case

Willis announced the indictment against Mr. 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.

Defense attorneys sought Willis' removal after the revelation in January 2024 that she had engaged in a romantic relationship with Nathan Wade, the special prosecutor she had hired to lead the case. The defense attorneys said the relationship created a conflict of interest, alleging that Willis personally profited from the case when Wade used his earnings to pay for vacations the pair took.

McAfee rebuked Willis, saying in an order in March 2024 that her actions showed a "tremendous lapse in judgment." But he said he did not find a conflict of interest that would disqualify Willis. He ultimately ruled that Willis could remain on the case if Wade resigned, which the special prosecutor did hours later.

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

The Associated Press contributed to this report.