Federal judge to unseal DOJ records on Fulton County ballot seizure
A federal judge has ordered that documents related to the FBI’s seizure of Fulton County ballots from the 2020 presidential election be unsealed by Tuesday.
U.S. District Court Judge J. P. Boulee, an appointee of President Donald Trump, issued the order in response to motions filed Wednesday by Fulton County to unseal the records related to the Jan. 28 FBI raid on an election operations center on Campbellton Fairburn Road.
“We will fight using all resources against those who seek to take over our elections,” Fulton County Commission Chair Robb Pitts said last week. “Our Constitution itself is at stake in this fight.”
In his order, Boulee wrote that the Justice Department did not object to unsealing the search warrant affidavit related paperwork.
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
Court filing: Bipartisan group of former prosecutors denounce FBI seizure
The case: Election skeptics eagerly await criminal charges in Fulton election case
Interview: State Election Board chair dismisses calls for Fulton County takeover
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
Trump: Fulton FBI raid will show 2020 election was stolen
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:
The judge’s order follows a week of legal action and escalating rhetoric from Trump, who has long claimed the 2020 election was “rigged” against him.
CNN, The Associated Press and other media organizations on Friday filed a separate motion to intervene in the case. Media groups, including The Atlanta Journal-Constitution, have sought access to the affidavit that formed the legal justification for the criminal warrant authorizing the raid.
The county asked the court to return the seized ballots and election materials, arguing that the Justice Department disregarded “multiple Fourth Amendment rights” by apparently relying on disproven theories of fraud in the election.
“Claims that the 2020 election results were fraudulent or otherwise invalid have been exhaustively reviewed and, without exception, refuted,” the motion states.
Fulton argued the federal government bypassed two civil lawsuits seeking 2020 records — one from the Justice Department, the other involving the State Election Board, which has long scrutinized Fulton’s 2020 performance.
“Instead of allowing these civil matters to be fully adjudicated, Respondent’s use of the criminal warrant process to take immediate possession of the same records that are the subject of these lawsuits has the effect of circumventing civil judicial proceedings.”
In a separate motion the county contended that unsealing the files would not harm the case or “promote public scandal.”
“In fact, the search and seizure of Fulton County’s election materials, without disclosure of the underlying supposed justification, only serve to create greater outrage and confusion,” the county argued.
For years, Trump and his supporters claimed, without evidence, that widespread election fraud cost him the 2020 election to Democrat Joe Biden. The president pressured Georgia Secretary of State Brad Raffensperger to “find” enough votes to win. Fulton County, the state’s most populous county, lies at the center of many of those claims.
Since the FBI seizure, Trump’s rhetoric has only grown more aggressive. The president has suggested that Republicans should nationalize elections or take over administering elections in 15 states.
“The Republicans ought to nationalize the voting,” Trump said on former FBI Deputy Director Dan Bongino’s podcast last week. He later repeated that sentiment in public comments.
The U.S. Constitution gives states the authority to administer and set the rules for their own elections, though Congress can set some regulations.
The sealing of the affidavit has left observers to speculate about how FBI agents were permitted to load more than 650 boxes of ballots and other election materials into trucks and haul them away.
The warrant cites two criminal statutes. One law requires the county to hold on to election records for at least 22 months after a federal election. Another law prohibits coercion in the voting process and knowingly tabulating fraudulent ballots.
Legal experts have contemplated what federal crimes could be prosecuted with five-year-old documents that wouldn’t fall outside the statute of limitations.
“The only thing they could successfully prosecute would be if they had evidence that somebody had tossed something out after 2020, not any misconduct in 2020 itself,” said Justin Levitt, a law professor at Loyola Marymount University Law School and voting rights expert.


