In a dramatic turn of political and legal events, Georgia Governor Brian Kemp recently signed Senate Bill 244 into law—legislation that could potentially allow former President Donald Trump to recover millions of dollars in legal fees from Fulton County taxpayers. The bill, passed by the Georgia legislature in early 2025 and signed in mid-May, was introduced following the high-profile disqualification of Fulton County District Attorney Fani Willis from overseeing the election interference case against Trump and several of his allies.
The legislation enables defendants in criminal cases to seek reimbursement for legal costs if the prosecutor in their case is removed due to misconduct or a conflict of interest and the case is ultimately dismissed. While the law applies broadly to all Georgians, many see it as directly tied to Trump’s situation and a political maneuver designed to undercut Willis, whose prosecution of Trump under Georgia’s racketeering laws brought national attention.
Willis had charged Trump and 18 others in 2023, accusing them of illegally attempting to overturn the results of Georgia’s 2020 presidential election. The case was significant, citing a broad conspiracy involving false electors, intimidation of election workers, and phone calls pressuring state officials. However, the case became mired in controversy after it was revealed that Willis had engaged in a romantic relationship with Nathan Wade, the special prosecutor she appointed to help lead the case.
The revelation sparked a firestorm. Trump’s legal team and others alleged that the relationship constituted a conflict of interest, questioning whether Wade’s appointment and payments were ethical. A judge ultimately ruled that the relationship presented enough of a concern to warrant Willis’s disqualification unless Wade withdrew from the case, which he eventually did. Nevertheless, an appeals court later ruled to disqualify her entirely, pending review by the Georgia Supreme Court.
As the case against Trump remains in limbo, the newly signed legislation could have massive financial implications. If the Georgia Supreme Court upholds Willis’s disqualification and the charges against Trump are dropped, Trump would be eligible to apply for reimbursement of legal expenses under SB 244. Estimates suggest Trump’s legal team has spent several million dollars defending him in the Georgia case, meaning Fulton County taxpayers could end up footing a substantial bill.
Supporters of the bill, particularly Republican lawmakers, argue that it protects defendants from being financially harmed by prosecutorial misconduct. They claim the law is about fairness and accountability, ensuring that defendants who face unjust or politically motivated prosecutions are not ruined by legal fees if the prosecution is later found to be flawed or unethical.
State Senator Greg Dolezal, one of the bill’s sponsors, said during the debate that “no one—no matter how high-profile or unknown—should have to pay for a prosecution that was tainted by personal interest, bias, or misconduct.” He emphasized that while Trump’s case was in the public eye, the bill would benefit ordinary citizens who might be subject to similar injustices.
Critics, however, have called the legislation a thinly veiled attempt to benefit Trump. Democratic lawmakers have pointed out that the bill was fast-tracked shortly after Willis’s disqualification became a national headline. Representative Tanya Miller, a Democrat from Atlanta, said the law sends a dangerous message that political allies can rewrite the rules when things don’t go their way in the courtroom.
She warned that the bill might embolden prosecutors to avoid politically sensitive cases altogether, for fear that a misstep could not only derail their work but cost their counties millions of dollars. “This isn’t about justice,” she argued. “This is about shielding the powerful and punishing those who try to hold them accountable.”
In addition to enabling legal fee reimbursement in cases where prosecutors are disqualified, the bill also created a new administrative framework for compensating individuals who are wrongfully convicted. Previously, those seeking restitution had to appeal directly to the state legislature—a process often seen as cumbersome and politicized. Under the new law, exonerated individuals can now receive $75,000 per year spent in prison, with higher amounts for those on death row or serving long sentences.
Governor Kemp did not release a public statement specifically addressing Trump’s eligibility under the bill. However, his office said the governor supported the legislation as a matter of “good governance and justice reform.” Kemp has often walked a delicate line when it comes to Trump—opposing his attempts to overturn the 2020 election in Georgia, but supporting broader Republican efforts to increase prosecutorial oversight and rein in progressive district attorneys.
Some political observers believe Kemp’s signature on SB 244 is part of a larger campaign by Georgia Republicans to reshape the state’s judicial and prosecutorial landscape. In recent years, GOP lawmakers have passed bills limiting the power of local district attorneys, creating oversight commissions, and imposing new standards of conduct. These efforts have largely targeted Democratic prosecutors in urban areas, especially those pursuing cases with national political implications.
For Trump, the legislation could not have come at a more opportune moment. Facing legal battles across multiple states and jurisdictions, a potential reimbursement of millions in legal fees would represent both a financial victory and a symbolic one. It would allow him to claim vindication while portraying the prosecution as politically motivated and legally improper.
Trump’s legal team has already indicated that if the charges are dropped, they will pursue reimbursement under the new law. His attorney in Georgia, Steve Sadow, said the law validates their belief that the prosecution was fundamentally flawed and politically charged. “This bill reflects what we’ve been saying all along,” Sadow stated. “President Trump should never have been prosecuted in this manner, and now the taxpayers will have to bear the cost of that miscarriage of justice.”
Whether or not Trump ultimately receives reimbursement will depend on the outcome of his appeal and any further proceedings related to the charges. The Georgia Supreme Court’s decision will be critical in determining the path forward.
Meanwhile, Fulton County officials are bracing for the possibility of a massive payout. County Commissioner Khadijah Abdur-Rahman expressed concern that local services could suffer if the county is forced to pay Trump’s legal fees. “We didn’t approve this prosecution with the idea that it would come back on us financially,” she said. “This is a warning shot to every DA in Georgia: prosecute carefully—or not at all.”
As the legal and political drama unfolds, one thing is clear—Senate Bill 244 has added a new and controversial layer to an already explosive case. It has shifted the focus from courtroom arguments to questions of fiscal responsibility, legal ethics, and the reach of political influence.
