FBI affidavit for Fulton’s 2020 records fuels GOP calls for state takeover
The unsealing of court documents by a federal judge Tuesday showed that much of the evidence used to justify the FBI’s seizure of Fulton County’s 2020 ballots came from election skeptics.
While Democrats and some independent experts dismissed the FBI affidavit as little more than recycled conspiracy theories, others saw it as confirmation of Fulton’s inability to run its own elections.
“It’s past time for the state to take over Fulton County elections until they prove that they’re capable of adjudicating our elections in Georgia,” state Sen. Greg Dolezal, R-Cumming, told reporters Thursday at the state Capitol.
Dolezal, who is running for lieutenant governor, said the State Election Board should run voting in Georgia’s most populous county.
FBI raids Fulton election office
Search warrants showed agents were seeking ballots from the 2020 election that Donald Trump has claimed was filled with fraud. Past recounts and court challenges have not backed up those assertions. Read more
Allegations: Skeptics of 2020 election look for answers
Reaction: FBI affidavit for Fulton’s 2020 records fuels GOP calls for state takeover
Affidavit explained: The AJC breaks down key details in the document used to seize the ballots
The affidavit: Unsealed documents in Fulton County raid show FBI relied on election skeptics
Watch: Police body cam footage shows confusion at FBI raid
Live updates: Justice Department attorney talked to election skeptic prior to raid
Five Questions: What next after election records seized
Election law: Could raid set the stage for takeover of Fulton’s elections?
Trump: Fulton FBI raid will show 2020 election was stolen
FAQ: Here’s what we know so far
Timeline: How we got here
Opinion: The FBI raid isn’t about the 2020 elections. It’s about 2026 and 2028.
Listen to the AJC’s Breakdown podcast: Fulton County vs. Donald Trump
Special report: Inside the campaign to undermine Georgia’s election
The latest move is an escalation in the ongoing battle over the results of the 2020 presidential election. This month:
In a separate news conference, Democrats blasted the FBI’s evidence and Dolezal’s call for a state takeover. Rep. Saira Draper, D-Atlanta, said a state takeover has always been the aim of the right-wing majority on the State Election Board.
“If you control Fulton County, you can pretty much control the outcome of all statewide races in Georgia,” Draper said. “And I’m not surprised that I have Republican counterparts who are pushing for that outcome, especially when they’re running for statewide office.”
Fulton County Commission Chairman Robb Pitts dismissed Dolezal’s comments as election-year politics.
“This is election season, and elected officials and would-be elected officials are going to say and do anything to get some attention,” Pitts said.
But the chairman also vowed to fight any attempted state takeover.
“Our elections are fair and lawful,” Pitts said. “And our voters can be assured that we will do any and everything to protect their sacred right to vote.”
The affidavit unsealed Tuesday sparked questions about how federal authorities convinced a judge to sign off on a search warrant.
A slew of the claims mentioned in the affidavit suggesting election fraud were previously investigated by secretary of state officials. Investigators did not find evidence of malfeasance.
“It’s hard to see how the contents of this affidavit rise to the level of probable cause,” said Joyce Vance, former U.S. Attorney for the Northern District of Alabama.
The affidavit doesn’t name any particular targets for criminal prosecution, but it provides a glimpse of where the U.S. Department of Justice may be headed. President Donald Trump has long claimed, without evidence, that his 2020 loss was due to an election “rigged” against him. Investigations, lawsuits and multiple vote counts upheld Democrat Joe Biden’s narrow victory.
In response to the raid, Fulton County has brought in high-profile legal backup, including Abbe Lowell and Norm Eisen, in its effort to retrieve its 5-year-old ballots from the Trump administration.
Lowell is among the most successful defense attorneys in the country. He served as chief minority counsel to Congress during former President Bill Clinton’s impeachment proceedings and has represented a host of prominent politicians and high-powered business executives over the years.
The 73-year-old is currently among a group of attorneys representing Federal Reserve Board member Lisa Cook in her fight against Trump’s efforts to fire her. He also represents former CNN anchor Don Lemon following his arrest late last month on federal charges related to an anti-ICE protest at a Minnesota church.
Eisen served as special counsel to the U.S. House Judiciary Committee during Trump’s first impeachment proceedings and subsequent trial. He was also former President Barack Obama’s ethics czar and served as the U.S. ambassador to the Czech Republic from January 2011 until August 2014.
Eisen is the founder and executive chair of Democracy Defenders Fund, which has led legal battles against the Trump administration in opposition to what its website refers to as the president’s “authoritarian moves.”
About the Authors
Caleb Groves is a general assignment reporter for The Atlanta Journal-Constitution's politics team and a Kennesaw State University graduate.
David Wickert writes about the state budget, finance and voting issues. Previously, he covered local government and politics in Gwinnett and Fulton counties. Before moving to Atlanta, he worked at newspapers in Illinois, Tennessee, Virginia and Washington.
