ATLANTA — President Trump is seeking to recover attorney fees tied to the dismissed racketeering case brought against him in Fulton County, but the state prosecutor now handling the matter is questioning whether the claim is constitutional.

Pete Skandalakis, the head of the Prosecuting Attorneys’ Council of Georgia, dropped the criminal charges after the case was reassigned to his office. He is now serving as district attorney pro temp following the disqualification of Fulton County District Attorney Fani Willis.

In a court filing, Skandalakis argues that the new attorney-fees law being used by Trump and his co-defendants has what he calls “serious deficiencies.” He says the law denies due process to district attorneys and the counties responsible for paying the legal bills because they have no way to contest them.

Skandalakis also contends the defendants may not qualify for attorney fees under the law, noting that no court found “improper conduct” that led to Willis’ disqualification. Instead, he says the court cited only the “appearance” of impropriety.

The total amount sought by Trump and his co-defendants in the dismissed case is $17 million.

The racketeering case centered on efforts to overturn the results of the 2020 election in Georgia. A judge dismissed the case after Willis was removed over an alleged relationship with the special prosecutor assigned to the case. Skandalakis declined to pursue the charges once the case was reassigned.

Trump’s lead attorney, Steve Sadow, disputes Skandalakis’ assessment, saying his “contentions are simply wrong.”

WSB Radio’s Veronica Waters contributed to this story.