A federal judge has ruled that the federal government can retain the 2020 election ballots from Georgia's Fulton County that were seized by the FBI from a warehouse near Atlanta. U.S. District Judge J.P. Boulee issued the decision on Wednesday, rejecting arguments from county lawyers that the seizure was improper and unconstitutional.
Background of the Seizure
The FBI's January 28 seizure targeted the elections hub in Georgia's most populous county, which is heavily Democratic and includes most of Atlanta. Fulton County has been at the center of unfounded claims by President Donald Trump and his allies that widespread election fraud cost him the 2020 election. The Justice Department stated it is investigating "irregularities that occurred during the 2020 presidential election in the County" and identified two potential violations: one requiring election records to be maintained for 22 months, and another prohibiting procuring, casting, or tabulating false, fictitious, or fraudulent ballots.
Previous Counts Affirmed Biden's Win
Georgia's votes in the 2020 presidential race were counted three times, including once by hand, and each count affirmed Democrat Joe Biden's win. Despite this, the investigation continues.
Judge's Ruling
In his 68-page ruling, Boulee acknowledged that "the seizure in this case was certainly not perfect," but concluded that Fulton County did not establish that its rights were callously disregarded. He noted the lack of evidence for probable cause issues, omissions in the affidavit, or improper execution. The county also failed to demonstrate a need for the documents or irreparable harm, especially since the Justice Department provided copies.
Ongoing Legal Battles
Months after the seizure, the Justice Department obtained a grand jury subpoena in April for names and contact information of Fulton County employees and volunteers involved in the 2020 election. Fulton County filed a motion to quash, arguing it is overbroad and meant to harass political opponents. The Trump administration has also sought election records from other swing states, including Arizona and Michigan. Democrats have raised concerns about weaponizing federal law enforcement, while the administration says it is protecting future elections.
Representatives for Fulton County and the Justice Department did not immediately respond to requests for comment on the ruling.
