An Ignoble Experiment: The Gavel: Trump seeks Georgia legal bills reimbursement

By Ella Lee and Zach Schonfeld | Wednesday, December 3

Trump seeks Georgia legal bills reimbursement

President Trump's criminal prosecution in Georgia stemming from the 2020 election is officially dead, but it's not the end of the story.

Trump is preparing a bid to recover millions of dollars in attorney's fees, leaving taxpayers on the hook for the failed case.

Steve Sadow, Trump's lead defense attorney in Georgia, has made clear the president will pursue the effort. He said so directly in posting a screenshot of the relevant section of state law (GA Code §17-11-6) to his LinkedIn.

Georgia lawmakers passed the provision, which enables state criminal defendants to recover their legal bills upon dismissal when the prosecutor is "disqualified due to improper conduct on the part of such prosecuting attorney," just this year.

No Republican voted against it, and several high-ranking Democrats crossed party lines to support the measure as well. It was championed by then-state Sen. Brandon Beach (R), whom Trump named as the U.S. treasurer as the package made its way through the legislature this spring.

"Any defendant against whom such charges are dismissed shall be entitled to an award of all reasonable attorney's fees and costs incurred by the defendant in defending the case," the new law states.

Sadow told local Atlanta outlet 11Alive that Trump himself could ask for close to $5 million and the total could reach $10 million once his co-defendants' costs are added.

Sadow has said any money Trump and the others receive would come from the Fulton County District Attorney Fani Willis's existing budget.

"Taxpayers aren't paying anything in addition," he told 11Alive. "It's unfortunate that her budget will be so affected. But she's the one that brought the case, and she's the one that has to live with the outcome."

Campaign finance disclosures and online data provide a further glimpse into the potential numbers.

Federal Election Commission (FEC) records show that Trump-affiliated entities have paid Sadow roughly $1.52 million since he took on Trump as a client when the indictment was brought in August 2023.

Drew Findling, Trump's former lawyer who was fired and Sadow replaced, received $1.46 million, FEC records show. And Jennifer Little, an attorney who worked alongside Findling and stayed on with Sadow, has received $2.33 million.

The Georgia Republican Party has disbursed more than $1.6 million to law firms that represent Trump's three co-defendants who signed Electoral College documents claiming he won despite former President Biden's victory in the state.

Some have also crowdsourced from donors. David Shafer, one of those three co-defendants, received nearly $45,000. Harrison Floyd's page has raised more than $362,000.

When soliciting donations in June, John Eastman said his defense costs had surpassed $1.6 million, though that also covers his legal troubles in other states.

In Trump's case, Willis was disqualified over her romantic relationship with a top prosecutor she hired to charge Trump, Nathan Wade. Georgia courts ruled that the relationship created an appearance of impropriety.

Ever since, the case was on its last legs.

Pete Skandalakis, the executive director of Georgia's Prosecuting Attorneys' Council (PAC), eventually took it over. Last Wednesday, he announced he would not move forward, formally bringing the prosecution to a close after months of standstill.

"Never before, and hopefully never again, will our country face circumstances such as these," Skandalakis wrote in a 22-page memo that criticized Willis' legal theory for parts of the case.

He also said PAC didn't have the resources to keep it going for the expected yearslong battle ahead.

The case's end begins a 45-day clock for Trump or his co-defendants — more than a dozen people, including former New York City Mayor Rudy Giuliani and former White House Chief of Staff Mark Meadows — to kickstart a bid for attorney's fees under the new law.

It'll be up to Fulton County Superior Court Judge Scott McAfee, who oversaw the trial proceedings, to decide how much to award.

Welcome to The Gavel, The Hill's weekly courts newsletter from Ella Lee and Zach Schonfeld. Click above to email us tips, or reach out to us on X (@ByEllaLee, @ZachASchonfeld) or Signal (elee.03, zachschonfeld.48).

Not already on the list? Subscribe here.

IN FOCUS

Lawmakers fight crime charges; Mangione in court; DC US atty ups profile

Status update: Criminal cases against lawmakers

A handful of lawmakers are serving in Congress while fighting off criminal charges.

Three House Democrats face federal counts spanning from money laundering to assault, as investigations have brewed against other sitting lawmakers from both parties.

While some cases have been cast as an arm of Trump's retribution campaign against his political enemies, others are clear remnants of Biden's Justice Department.

Here's where the cases stand:

Sheila Cherfilus-McCormick

Rep. Sheila Cherfilus-McCormick (D-Fla.) is set to be arraigned later this month before a federal magistrate judge in Miami over allegations she stole $5 million in Federal Emergency Management Agency (FEMA) funds, using some to fund her campaign.

She made her first court appearance last week, where she was advised of her rights, surrendered her passport and ordered to limit travel to trips between Florida and Washington, Maryland and the Eastern District of Virginia.

The congresswoman, who stands to face more than 50 years in prison if convicted, was released on a $60,000 bond. Cherfilus-McCormick's brother, Edwin Cherfilus, and staffer Nadege Leblanc are set to be arraigned Friday, and her tax preparer also faces charges.

LaMonica McIver

Rep. LaMonica McIver (D-N.J.) was supposed to stand trial last month on charges she assaulted and interfered with immigration officers at a New Jersey detention center during a congressional oversight visit with two other lawmakers.

But her trial has been indefinitely postponed as pretrial issues play out.

U.S. District Judge Jamal Semper initially adjourned the trial date to address McIver's motion to dismiss the charges. Days later, he ruled that two counts may move forward and reserved judgment on the third, rejecting the lawmaker's claim that she is a victim of selective prosecution and that the counts are barred by legislative immunity.

He has not yet rescheduled the trial, and last week, granted McIver an extension to appeal his ruling by Dec. 29.

Henry Cuellar

The charges against Rep. Henry Cuellar (D-Texas) and his wife, Imelda, hang over from Biden's Justice Department.

They were indicted in May 2024 for allegedly accepting nearly $600,000 in bribes from an oil company owned by the Azerbaijan government and a Mexican bank and laundering the funds, in exchange for Cuellar's influence.

Two charges were dismissed in August at prosecutors' request, after Attorney General Pam Bondi issued memos indicating the Justice Department would less stringently enforce foreign lobbying and bribery laws under her leadership.

Still, the rest of the prosecution is moving forward under Trump. In fact, ahead of trial, the government will fund a trip to Spain for the couple to depose two witnesses there, court filings show.

Though it's still somewhat rare for members of Congress to face charges, it isn't without precedent.

Just last year, former Sen. Bob Menendez (D-N.J.) was convicted in a bribery scheme alongside his wife and local businessmen, who exchanged hundreds of thousands of dollars in cash, gold bars and a luxury car for the then-chair of the powerful Senate Foreign Relations Committee's clout. He's serving an 11-year prison term.

Ex-Rep. George Santos (R-N.Y.) pleaded guilty last year to wire fraud and aggravated identity theft and was serving a seven-year prison term before Trump commuted his sentence and set him free. However, state prosecutors signaled in October that local charges may be brought.

Legal action against lawmakers is complicated by the Speech or Debate Clause of the U.S. Constitution, which insulates them from criminal prosecution or civil liability over actions taken as part of their legislative duties.

In Menendez's case, for example, a judge blocked prosecutors from introducing certain texts that referenced holding up or allowing aid to Egypt — evidence the senator was acting as an unregistered foreign agent for the lavish bribes — because of the protection afforded by the clause.

But the clause carves out exceptions for "treason, felony and breach of the peace," and actions not viewed as "integral" to the legislative process, such as bribery, lobbying, speaking outside of Congress and writing newsletters or books.

Several investigations into sitting members of Congress are also ongoing, as Trump ramps up his efforts to turn the legal system against those he believes have wronged him.

Sen. Mark Kelly (D-Ariz.) and five other Democrats are under FBI investigation after making a video that told service members they do not have to follow illegal orders. (We reported last week about the provision Trump and his allies seem to believe they violated.) Kelly, a retired Navy captain, also faces a Pentagon review.

The Justice Department is also probing Sen. Adam Schiff (D-Calif.) and Rep. Eric Swalwell (D-Calif.) over mortgage fraud allegations.

Both investigations have run into obstacles.

DOJ is investigating the investigators in Schiff's case, seeming to zero in on whether Federal Housing Finance Agency Director Bill Pulte and DOJ official Ed Martin may have wrongly deputized outsiders to help with the probe, while Swalwell filed suit to force Pulte to withdraw a criminal referral, contending the FHFA director unlawfully obtained the information that backs up his claims.

And some probes have faded away without charges.

Rep. Cory Mills (R-Fla.) was under investigation by Washington, D.C.'s Metropolitan Police Department following a report of domestic disturbance from a woman who identified herself as his significant other. She later recanted her allegations, and Mills denied any physical altercation.

In response to an August email from Mills's lawyer, an MPD lieutenant said, "The case is closed."

Luigi Mangione faces key moment

Thursday marks one year since UnitedHealthcare CEO Brian Thompson was gunned down in midtown Manhattan.

Luigi Mangione, the 27-year-old suspect, now faces a critical juncture in his New York state prosecution.

In court this week, Mangione is making the case that prosecutors cannot introduce his diary entries, a 9mm handgun and other materials police allegedly seized from his backpack when he was arrested at a McDonald's in Pennsylvania at trial.

Mangione's legal team argues the backpack was searched in violation of the Fourth Amendment and New York state law, emphasizing that he was already in handcuffs and separated over six feet away so he couldn't grab the backpack.

"The fact that they believed that Mr. Mangione was the person wanted for murder does not change the analysis nor provide the necessary exigency to overcome this fatal police error," they wrote in court filings.

Mangione is represented by wife-husband duo Karen Friedman Agnifilo and Marc Agnifilo, joined by their colleague, Jacob Kaplan.

The decision will be up to Judge Gregory Carro, who is holding a two-in-one hearing.

One is known as a "Mapp hearing," a reference to the 1961 landmark Supreme Court decision, Mapp v. Ohio, that prevents state prosecutors from using evidence obtained through unconstitutional searches.

The second is a "Huntley hearing," a reference to a New York state court precedent, People v. Huntley, which limits when prosecutors can submit a defendant's confession to the trial jury. Mangione's lawyers take issue with how police questioned him at McDonald's.

The judge is hearing multiple days of testimony to inform his decision.

Our partners at NewsNation, who are in the courtroom with Mangione this week, reported that on Monday, the full video of the shooting was played in court. Mangione watched with no visible reaction.

So far, the witnesses include a New York Police Department sergeant who reviewed surveillance footage of the shooting, the person who installed the McDonald's surveillance system, a 911 operator and a Pennsylvania corrections officer, among others.

Mangione was permitted to wear civilian clothes for the proceeding. For the two days so far, he's donned a jacket with a checkered shirt and no tie.

Manhattan District Attorney Alvin Bragg (D), whose office is prosecuting the case, argues that the items from the backpack should be allowed at trial.

"The People deny the factual allegations underlying those claims," prosecutors wrote of Mangione's motion.

Prosecutors revealed Mangione's purported diary entries in court papers filed this summer, where he allegedly opined, "I finally feel confident about what I will do."

"The details are coming together," Mangione allegedly wrote in an entry dated four months before the shooting. "And I don't feel any doubt about whether it's right/justified. I'm glad — in a way — that I've procrastinated bc it allowed me to learn more about UHC."

The backpack also included a separate note in which Mangione, addressing federal agents, wrote that "these parasites simply had it coming" and apologized for "any strike or trauma, but it had to be done."

No matter the judge's decision, it's not Mangione's only fight. He has raised a similar motion to suppress the backpack items at his federal trial, where he could face the death penalty, if convicted.

Mangione is set to next appear in that case on Jan. 9, in a courthouse just down the block from where he is appearing in state court this week.

DC prosecuting office juggles high-profile attack cases

The U.S. Attorney's Office for the District of Columbia is no stranger to high-profile cases, from presidential assassinations to the Watergate break-in and the Jan. 6, 2021, Capitol riot.

But in recent months, it has juggled prosecutions arising from a series of violent attacks.

The shooting of two National Guard members, and one of their subsequent deaths, is the latest to thrust prosecutors into a prominent murder case — a particularly delicate charge in the nation's capital, where Trump's push for the death penalty is at odds with the city's tolerance for capital punishment.

Rahmanullah Lakanwal, the Afghan national suspected in the attack, was charged Tuesday in D.C. Superior Court with murder and assault offenses tied to the attack of U.S. Army Spc. Sarah Beckstrom and U.S. Air Force Staff Sgt. Andrew Wolfe, members of the West Virginia National Guard who were deployed to D.C. as part of Trump's crackdown on local crime.

According to charging documents, a National Guard supervisor watched Beckstrom, 20, and Wolfe, 24, fall to the ground as gunfire broke out. Lakanwal was "shooting a gun and screaming, 'Allahu Akbar,'" the supervisor recalled.

A three-way gunfight broke out between Lakanwal, the supervisor and another National Guard member before Lakanwal was shot and one of the guardsmen "jumped on" and apprehended him.

Beckstrom later died from her wounds, while Wolfe remains hospitalized but was showing positive signs of progress as of Monday, according to the state's governor.

Lakanwal now faces counts of first-degree murder, assault with intent to kill while armed and possessing a firearm during a crime of violence. His attorney entered a not guilty plea on his behalf at an initial court appearance by video Tuesday, where he was ordered held without bond after a judge found probable cause he committed the offenses.

Jeanine Pirro, the U.S. attorney for Washington, D.C., has said "there are certainly many more charges to come," and on Tuesday alluded to reporters that federal charges could later come down the pike, as well.

That could matter if the Trump administration wishes to see Lakanwal face the death penalty, as Attorney General Pam Bondi has said she intends to do.

The death penalty has not been in use in the nation's capital for nearly 70 years. It was repealed by the D.C. Council in 1981, and residents rejected a bid to restore it via referendum a decade later.

It means cases must be brought at the federal level for execution to be at stake in Washington. DOJ has already sought to do so this year, following the killing of two Israeli Embassy staffers outside the Capital Jewish Museum in May.

Though no final decision has been made, prosecutors have been laying the groundwork for months to seek the death penalty against Elias Rodriguez, accused of killing the young couple.

Prosecutors included "special findings" in Rodriguez's indictment, a first step toward eventually seeking capital punishment, and at a hearing in September, signaled that a process for making the decision was in full swing. The decision is Bondi's to make.

Even where the death penalty is not on the table, killings in D.C. that have captured public attention have pushed prosecutors to take an aggressive stance within their broad discretion.

Prosecutors arrested three teenagers in the June killing of Eric Tarpinian-Jachym, a 21-year-old intern in the office of Rep. Ron Estes (R-Kan.) who was caught in the crossfire of a drive-by shooting while walking down the street.

Two of the teens were hit with first-degree murder charges in adult court, as Pirro portrayed the killing as evidence her office needs greater authority to charge minors as adults.

"Because they're not kids; they're criminals — they're violent criminals," the U.S. attorney said in September. "We have to hold them accountable."

SIDEBAR

5 top docket updates

Trump pardons Honduran ex-president: Former Honduran President Juan Orlando Hernández, who was sentenced to 45 years in prison for helping traffic hundreds of tons of cocaine into the United States, was released from prison after Trump pardoned him. Trump said Hernández was "treated very harshly and unfairly."
Habba disqualification upheld: A three-judge panel on the U.S. Court of Appeals for the 3rd Circuit unanimously upheld Alina Habba's disqualification as the top federal prosecutor in New Jersey.
Swalwell sues: Rep. Eric Swalwell (D-Calif.) filed suit against the Federal Housing Finance Agency (FHFA) to force the withdrawal of a criminal referral alleging mortgage fraud. The lawmaker contends the agency's director unlawfully obtained the information underpinning the allegations.
Buck stops with Noem: The Justice Department said in court filings that it was Homeland Security Secretary Kristi Noem who made the decision to deport more than 100 Venezuelan men in March to Salvadoran custody to be imprisoned despite a court order.
Fired immigration judge: Former federal immigration judge Tania Nemer sued Attorney General Pam Bondi after being fired in February. Nemer, who previously ran for judicial office as a Democrat, alleges she was discriminated against based on sex and national origin in violation of the Civil Rights Act of 1964.

In other news

Comey complication: Columbia University professor Daniel Richman, a key figure in the now-dismissed criminal case against former FBI Director James Comey, has filed suit over the government's handling of material obtained from his devices, which he claims was unlawful. Lawfare's Anna Bower first reported the development on her personal Substack.
Two-party consent: Reporter Ryan Lizza's telling of the politically scandalous and journalistically dubious affair between his ex-fiancé, reporter Olivia Nuzzi, and now-HHS Secretary Robert F. Kennedy Jr. took a twist in its latest chapters, where he alleged that Nuzzi enlisted sketch artist Isabelle Brourman to secretly record the then-presidential candidate as she drew his portrait. In Florida, where state law requires all parties to any confidential communication to consent to being recorded, that may warrant civil or criminal penalties.
From one court to another: Stock-car racing giant NASCAR faces an antitrust trial starting this week in a lawsuit brought by two racing teams — including one co-owned by basketball icon Michael Jordan, who is reportedly planning to attend the trial from start to finish.
Costco joins tariff fight: Last week, we detailed the dozens of companies that have filed lawsuits to ensure they get refunds if the Supreme Court invalidates Trump's tariffs. A notable new addition this week: Costco.

PETITION PILE

Petitions to take up cases that the justices are keeping a close eye on.

The Supreme Court has relisted nearly five dozen petitions to take up cases, an unusually large number.

As a reminder, a "relist" refers to a petition the court did not immediately reject and will now consider again at a second consecutive conference. It may signal the court is considering taking the case or a justice is working on writing a dissent.

Felon-in-possession law: The vast majority are challenges to the federal crime for felons possessing firearms. Its constitutionality has increasingly been questioned after the high court's recent expansion of Second Amendment rights, but the justices so far have declined to take up the question. Already this term, the court is considering a constitutional challenge to a neighboring provision that makes it a crime for unlawful drug users to possess guns.
Birthright citizenship: The Trump administration wants the justices to take up the constitutionality of the president's Day 1 executive order restricting birthright citizenship. Last term, the court got involved in the legal battle to claw back universal injunctions, but that decision didn't address the legal merits of Trump's policy. The cases are Trump v. Washington and Trump v. Barbara.
Saudi Twitter: Ahmad Abouammo, a former Twitter manager who prosecutors say provided information to Saudi Arabia about dissidents on the social media platform, is appealing his conviction. Among other charges, Abouammo was convicted of emailing a falsified document to San Francisco FBI agents when they visited his home. Abouammo was charged in San Francisco, but he argues it isn't proper venue because his home is in Seattle. He also raises a second argument that prosecutors improperly extended the statute of limitations. The case is Abouammo v. United States.
Secret gender transition: Parents of a middle school student are challenging their school district's protocol that requires staff to use a student's requested name and pronouns without notifying parents, unless the student consents. The parents contend it interferes with their parental rights under the Due Process Clause of the 14th Amendment, but lower courts rejected the argument. The case is Foote v. Ludlow School Committee.
Rooker-Feldman doctrine: An anonymous patient involuntarily committed to a Maryland hospital during a psychotic episode wants to bring a federal lawsuit over her consent order, which allowed her release in exchange for taking medication and following other conditions. Lower courts dismissed the suit under the Rooker-Feldman doctrine, which prohibits federal district judges from considering cases brought by state-court losers complaining of injuries caused by a final state court decision. The patient argues that the doctrine doesn't apply because her consent order remains subject to further review in state court. The case is T.M. v. University of Maryland Medical System.
Arbitration: The Federal Arbitration Act allows parties to ask a federal court to confirm or wipe an arbitration award in some circumstances. But sometimes, federal judges don't have jurisdiction. This petition raises what should happen when a judge initially finds jurisdiction, pauses the case pending arbitration, and is later faced with an ask to confirm an arbitration award in the same dispute. Several appeals courts have said the initial ruling provides a "jurisdictional anchor" that carries through, while another court disagreed and ruled that jurisdiction must be found independently at the later stage. The case is Jules v. Andre Balazs Propertie

ON THE DOCKET

Don't be surprised if additional hearings are scheduled throughout the week. But here's what we're watching for now:

Today

The Supreme Court will hear arguments over whether an evangelist's criminal conviction for violating a local amphitheater's protest ban prevents him from challenging it in a federal civil rights lawsuit as a First Amendment violation. The case is Olivier v. City of Brandon.
Dr. Salvador Plasencia, who pleaded guilty to supplying "Friends" star Matthew Perry with ketamine despite his addiction struggles, which resulted in his overdose death, is set to be sentenced before a federal judge in Los Angeles.

Thursday

The U.S. Court of Appeals for the 1st Circuit is set to hold oral arguments in the Trump administration's appeal of a judge's order barring the elimination of seven agencies.
A federal judge in New York is set to hold a hearing over whether John Sarcone III, Trump's acting U.S. attorney for the Northern District of New York, was lawfully appointed.
A Massachusetts federal judge is set to weigh Tufts student Rümeysa Öztürk's bid to restore her Student and Exchange Visitor Information System (SEVIS) record.
A federal judge in Washington, D.C., is set to hold a summary judgment hearing in NPR's challenge to the Trump administration's efforts to eliminate its funding.

Friday

Justice Ketanji Brown Jackson is expected to speak at an annual conference for the National Council for the Social Studies on Friday or Saturday, the organization's website shows.
Rep. Sheila Cherfilus-McCormick (D-Fla.)'s brother, Edwin Cherfilus, and a staffer, Nadege Leblanc, are set to be arraigned in an alleged scheme involving the congresswoman, where $5 million in Federal Emergency Management Agency (FEMA) funds was stolen and used to fund her campaign.
The U.S. Court of Appeals for the 9th Circuit is set to hold oral arguments in the Trump administration's appeal of a judge's order blocking a provision of Trump's "Protecting Invasion" executive order directing federal agencies to take action against sanctuary cities.
A federal judge in California is set to hold a hearing over the Trump administration's motion to dismiss the state's lawsuit over DOJ's demand that schools certify they won't implement a California Interscholastic Federation bylaw requiring transgender athletes to be allowed to participate in school sports.

Monday

The Supreme Court will announce orders.
The justices will also hear oral arguments regarding whether for-cause removal protections at independent agencies are unconstitutional, stemming from Trump's firing of Federal Trade Commission member Rebecca Slaughter. The case is Trump v. Slaughter.
A federal judge in Washington, D.C. is set to hold a preliminary injunction hearing in a lawsuit over the Trump administration's cleaning and repainting of the Eisenhower Executive Office Building.
A federal judge in Tennessee is set to hold a two-day evidentiary hearing in the criminal case of mistakenly deported man Kilmar Abrego Garcia, where he will consider the defense's motion to dismiss the prosecution and suppress details of a traffic stop at the heart of the government's case. The hearing was previously set for last month and postponed.

Tuesday

The Supreme Court will hear arguments over whether federal limits on coordinated political party expenditures violate the First Amendment. The case is National Republican Senatorial Committee v. Federal Election Commission.
The U.S. Court of Appeals for the District of Columbia is set to hear oral arguments in the Trump administration's appeal of an order pausing the Department of Homeland Security's rule allowing expedited removal for migrants who can't prove they've been continually present in the country for two years.
A federal judge in Florida is set to hold a hearing on Dow Jones's motion to dismiss Trump's defamation lawsuit against the Wall Street Journal over its publication of a lewd letter the president reportedly sent to Jeffrey Epstein for his 50th birthday.